Do I not have the right to seek repair to my car following an accident for which I do not believe I was at fault for?
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Do I not have the right to seek repair to my car following an accident for which I do not believe I was at fault for?
I was involved in a car accident several days ago. I spoke with the insurance company of the limo that hit me and they feel the accident was my fault so they are not going to repair my car. Is that the end of it? Do I junk my car now? By way of background, this is what happened – I was turning left faced southbound and the limo driver was going northbound. The driver hit the passenger side of my car, my car spun and was stopped by a post and he ended stuck at a fire hydrant. Is this really my fault?
Asked on July 6, 2017 under Accident Law, Illinois
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Was there a police report which states which party was at fault?
If there wasn't any police report, were there any witnesses or video surveillance security cameras in the area which might prove the other party was at fault?
Since the other party's insurance carrier denied your claim, your only recourse is to sue the other party for negligence. Your damages (monetary compensation you are seeking in your lawsuit) would be the property damage (cost of repairs) to your car.
Depending on the amount of your damages, you might be able to file your lawsuit in small claims court. Both the limo driver and the limo company (employer) should be named as defendants in your lawsuit.
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