Rear-Ended by a Driver with Insurance, but They’re Avoiding the Claim – How Can I Ensure I Get Fair Compensation?

Questions
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I’m dealing with a frustrating situation and could really use some advice. Recently, I was rear-ended by another driver. My insurance is third-party fire and theft, while the driver who hit me has full insurance coverage.

Here’s where it gets tricky: The other driver is refusing to file a claim through his insurance to cover the damages. Instead, he’s told me that if I don’t drive my car to his mechanic, he will only offer me $500 for repairs. The damages are actually significantly more than that.

I’m not sure what to do next. I want to ensure I get fair compensation for the repairs. How can I legally ensure that the other driver is held accountable for covering the full cost of the damages? I have photos of the accident, and since it happened at an intersection, there might be footage. He even texted me apologizing and admitted fault over the phone.

Should I consult with a lawyer to understand my rights and the best course of action? If necessary, could taking him to small claims court be a viable option?

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I’m sorry you’re facing this situation. Given that the other driver is refusing to file a claim and only offering inadequate compensation, you should document everything thoroughly—photos, text messages, and potential intersection footage—and contact your insurance company for guidance. Consulting with a lawyer is a smart move to understand your rights and the best course of action, as they can help you navigate the legal process, potentially send a demand letter, and advise if small claims court is a viable option. Small claims court could be a practical step to ensure you get fair compensation, given the clear evidence and the other driver’s admission of fault.

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  1. If you have his insurance information, contact his company and make a claim. You don’t have to wait for him to do it.

  2. If you don’t have his insurance information, your only option is small claims court. A lawyer won’t help because you weren’t injured. You’ll have to handle this yourself, and even if you win in court, it’s your job to collect the money. In the end, you might not get anything. This is a risk you take if you don’t have collision coverage on your own policy.