Why is my car not going to get repaired if I was in an accident that wasn’t my fault?

UPDATED: Sep 30, 2022

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Why is my car not going to get repaired if I was in an accident that wasn’t my fault?

I got rear-ended and that the lady behind me was pushed into me because the guy behind her ran into her we were sitting still at a stoplight. The guy at fault as saying that she hit me first and then he

hit her but me and the lady behind he gave the same exact statement as to what happened in the accident. There’s no crash report the cop didn’t see it happen he wrote no crash report report. And the guy that ran into the back of the lady behind me told us to pull over into the store parking lot because we were at a busy intersection right after it happened then the cop came along told us the same thing. The guy that hit the lady behind me and put your into me is telling the insurance company telling his insurance company that she hit me first and then he ran into her and they actually believe his statement. Long story short the adjuster came out and looked at her vehicle all the damages to the back there’s none to the front of her vehicle but my insurance company is telling me that they’re not opening up anymore liability for me to get my vehicle fixed I do not understand this I’m being yanked around I’m not being treated fairly we got a guilty person is lying about the accident and I really don’t have any money to fight I don’t even have money to pay $1,000

deductible to my insurance to get it to get my car fixed and I shouldn’t have to do that anyway it wasn’t my fault I was the first of 3 cars.

Asked on November 17, 2016 under Accident Law, Florida


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

Answered 6 years ago | Contributor

Your only recourse is to sue the at-fault party (the vehicle that pushed the car behind you into your vehicle) for negligence since his insurance company is denying your claim.
Your damages (monetary compensation you are seeking in your lawsuit) would be the property damage  (cost of repairs to your vehicle).
Depending on the amount of your damages, you may be able to file your lawsuit in Small Claims Court.  In addition to the property damage to your vehicle, your damages upon prevailing in the case should include court costs which would be the court filing fee and process server fee.  You can enforce your court judgment against the at-fault party with a wage garnishment.

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.

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