Wife was rear ended by an off duty police officer in his own personal car. She exchanged insurance info, but he’s no longer replying to our attempts to contact him. Can we sue him to get the repairs paid for?

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Wife was rear ended by an off duty police officer in his own personal car. She exchanged insurance info, but he’s no longer replying to our attempts to contact him. Can we sue him to get the repairs paid for?

Six weeks ago, my wife got rear-ended by an off duty police officer. After taking our car to multiple repair centers all of which he requested we went to and receiving multiple quotes he did not like, the officer is no longer returning our phone calls or text.

We have his insurance provider and policy number. Should we just report this to them or take the officer to court?

I’ve looked into the immunity laws that are in place to protect government employees federal, state, county and cityand not all of the terms apply that would save him from legal actions being taken.

Asked on June 2, 2016 under Accident Law, Tennessee

Answers:

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

Answered 4 years ago | Contributor

It would be advisable to contact the at-fault party's insurance company regarding the property damage (cost of repairs) to your wife's car.
If your wife is dissatisfied with settlement offers on the property damage or there are problems with the insurance company paying for the repairs, she should reject the settlement offers and file a lawsuit for negligence against the at-fault party.


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