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his insurance company will not do anything unless he contacts them he will not contact them so what can i do
Asked on August 10, 2016 under Accident Law, New Mexico
Answered 8 years ago | Contributor
You sue him: that's how you force someone to pay you when they damage your property. If the amount of damage to your car is less than the limit for small claims court, the best option is to sue in small claims on a "pro se" basis, or as your own attorney, to save legal fees; you can get instructions and probably sample forms from the court. If the amount is more than the small claims limit, you probably should retain an attorney to help you.To win, you will have to show that the other driver was negligent, or unreasonably careless; but since it is essentially negligence by definition to hit a stationary car, it should not be hard to prove that someone who back into your parked car was negligent. You'll also need to show the cost to repair your car.
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