Why should I Pay if its his fault?

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Why should I Pay if its his fault?

I was in a car accident and the other driver insurance company only wants to pay
60 of the damages because we have no witnesses but the police report states he
was at fault. the damages at about 2000 I feel i shouldnt have to pay anything
because of the police report but they do not feel they should pay for all the
damages. I wanted to take him to small claims but i just need some advice on
moving forward

Asked on January 12, 2017 under Accident Law, New York

Answers:

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

Answered 4 years ago | Contributor

If you are dissatisfied with settlement offers from the at-fault party's insurance carrier, your only recourse is to reject the settlement offer(s) and file a lawsuit for negligence against the at-fault party.
You are correct about filing in small claims court given the amount of damages you are claiming. Upon prevailing in the case, in addition to recovering your property damage (cost of repairs to your vehicle), you can also recover court costs which include the court filing fee and process server fee.


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