The insurance company for the owner insists that I (or the driver of my vehicle) was partly at fault. What can I do about my damaged vehicle?


If you can’t fall back on your own insurance company for repair/ total loss/ rental benefits, and the police report doesn’t take care of this issue, you should consider Small Claims Court.  The amount in dispute must be less than $10,000 and it takes some effort on your part, but there is sometimes no better or faster remedy available.


In most cases, and especially if there are no significant personal injuries, you will have to act as your own lawyer in Small Claims Court-after all, you want to recover what it takes to repair or replacement your vehicle, not spend the money you need on an attorney.  Small Claims Court is a true “people’s court” and the court’s clerks are pretty friendly and helpful.  What’s best is that if the issue is limited to who was at fault for your vehicle’s damage and how much you should be paid for repairs or its total loss, losing your case does not affect any claim for personal injuries.

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