Why should I Pay if its his fault?

UPDATED: Sep 30, 2022

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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


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

Answered 5 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.

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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