What to do when the person at fault is disputing fault for an accident?

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What to do when the person at fault is disputing fault for an accident?

I was in an accident almost 2 months ago and the person at fault is disputing the claim. She has caused a delay in the claim filing process through the insurance company, and is causing an inconvenience to me. The insurance company has filed 2 claims, and when speaking with the reps, I get many different stories. Some are telling me she is 100% at fault, some are saying the accident is still under investigation because of the dispute. I have no clue as to what to do next or how to make this issue be over after nearly 2 months.

Asked on September 8, 2016 under Accident Law, Tennessee

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Your only recourse is to file a lawsuit for negligence against the at-fault party.
Your damages (monetary compensation you are seeking in your lawsuit) would be the property damage (cost of repairs) to your vehicle.
Depending on the cost of repairs (property damage) to your vehicle, you may be able to file your lawsuit in Small Claims Court.  You can enforce a court judgment in your favor with a wage garnishment against the at-fault party.  If you prevail in the case, you can also recover court costs which include the court filing fee and process server fee.
Since you did not mention it, I assume that you were NOT injured in the auto accident.


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