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Suing for car repairs?

My daughter was in a minor fender bender in December in a parking lot. My daughter backed out of her space and was pulling forward when the driver of a second car reversed out of her space, and struck the rear quarter panel of my daughter's car.

She willingly gave my daughter her insurance information, admitted to my daughter and her two friends who were in the car with her that she didn't see her when she backed out. The other driver apologized for the damages, and told my daughter she would contact her insurance company as soon as she got home. The other driver never asked for my daughter's insurance information - only her name and phone number to give to her insurance company.

Well surprise, surprise - the other driver's insurance company is now denying the claim saying the other driver did not admit fault.

So my question is (and I am pretty sure that I know the answer to this already but I want to advise my daughter correctly): Can my daughter sue the other driver in small claims (damages under $500 - less than her deductible)?

Also, my daughter had two other people in her car who witnessed the accident and are willing to go into court with her, but of course there is some bias to these witnesses as they were in her car.

We tried to be nice about this - and I even told the other driver that because I understand that this was an accident we were more than willing to take the straight cost of repairs only, and would not ask for rental coverage. She basically told me to go to hell.

2 Answers

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  • Anonymous
    1 decade ago
    Favorite Answer

    You've pretty much got it down. This is a perfect case for small claims. Granted, your daughter's friends might be biased as witnesses, but its up to the judge to decide if they're telling the truth or not. Given the surrounding circumstances (the fact that the other driver gave her insurance information, but did not ask for your daughter's), it would seem to indicate that the other driver considered herself to be at fault.

    The worst case scenario would be that your daughter is out a couple of hours of court time, and is out of pocket the cost of the court fees. So I would think that your daughter should definitely go for this. And I'd ask for the rental fees too. You gave her an easy, fair way out. She doesn't want to take it? Then you go for everything.

  • Anonymous
    1 decade ago

    That sounds right but laws vary from State to State - you'd better verify things before you act.

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