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

UPDATED: Sep 30, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 30, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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


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

Answered 6 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption