Who to file suit against to recover damages regarding an accident?
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Who to file suit against to recover damages regarding an accident?
I was driving on a main roadway, I then turned into a right turn lane and right before making the turn a person next to slammed over into my vehicle. I obtained an estimate as requested by the at-fault partiesat-fault driver was also cited by the police insurance company. They didn’t like the estimate saying the damages dont
line up so they sent out an investigator to measure both vehicles then came back saying they would only accept the damages to my fender. I sent them a time stamped video of me leaving work minutes prior to the accident for them to review and they have now sent me a revised estimate from their preferred body shop who originally quoted and are now offering me considerable less than the amount of the repair cost. What should I do? Do I have to accept this low offer? Do I even have a chance in court on my own if I have witnesses and a time stamped video proof showing vehicle condition minutes before their insured slammed into me?
Asked on October 1, 2018 under Accident Law, Arizona
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Your recourse when you are dissatisfied with settlement offers from the at-fault party's insurance carrier, is to reject the settlement offers and file a lawsuit for negligence against the at-fault party.
Your damages (monetary compensation you are seeking in your lawsuit) for negligence would be the cost of repairs (property damage) to your vehicle.
The amount of your damages will determine whether or not you can file your lawsuit in small claims court.
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