What can I do if the other driver refuses to pay for damages?
If the other driver has refused to pay for damages caused by an automobile accident in Delaware, you have several legal options. First, the police report from the accident can be used to provide evidence of who is liable for damages. If the other driver is clearly at fault then you can try to collect on the damages by filing a claim with their insurance company. If the driver does not have insurance or is not willing to cooperate, then you can file a lawsuit to recoup the damages. If the amount is relatively small, then you may be able to file in small claims court. This is a court designed to expedite cases with small dollar amounts in dispute. You can represent yourself in small claims court or hire an attorney to represent you. If the damages are substantial or the other driver has a significant amount of assets, then it may be best to file a lawsuit in civil court. An attorney would be needed to represent you in this instance. The goal in any lawsuit is to obtain a judgment for the damages, which can then be enforced by garnishing wages or seizing assets. No matter which route you choose, it is important to collect as much evidence as possible to prove your case. Documentation, photos, video, and eyewitness testimony can all be used to prove liability and damages. This evidence may be used to persuade the other driver to cooperate and pay for damages, or it may be used in court to support your case.
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