What can I do if, as I was exiting my parking lot, someone backed up into me but his insurance is paying me just paying 50% even though it is not my fault?
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What can I do if, as I was exiting my parking lot, someone backed up into me but his insurance is paying me just paying 50% even though it is not my fault?
Asked on December 11, 2014 under Accident Law, Missouri
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
You don't have to accept their offer: you have the right to sue the at-fault driver in court and, if you win, could potentially recover the entire amount of your costs, losses, or damages. However, since court does have its own costs (time, and also legal fees if you get a lawyer rather than represent yourself) and winning is never certain (even good cases sometimes lose, or win but get less than the plaintiff hoped), unless the difference in value is over $1,000, it's likely not worth suing, even in small claims court. Just make sure that you do not first sign anything settling the case, releasing claims, or giving up your right to sue.
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