Should I take my case to small claims court since the insurance company will not fix my car?

My car was parked in the street overnight and was hit by two other cars. Both insurance companies are refusing to fix my car. I don't have collision on my policy, so my insurance company won't help, either. The damage is around $5,000. Should I go to court?

Answer
“This is a hard situation to be in. The first step would be to make sure you have a police report of the incident. Was your car parked on the street legally? If not, you could be seen as at fault even though the car was parked at the time.
If you were legally parked and both carriers still refuse to make payment, small claims court may be your only option. It usually costs only a few hundred dollars to file the small claim paperwork, and it would be worth it if the court rules in your favor.
Going forward, make sure your car insurance has the coverages you need. Having only liability coverage can save you money on your premium, but if your vehicle still retains a high value, having collision coverage can be crucial at times like this. “
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Shannon Martin
Answered on May 06, 2021
Shannon is an expert in personal lines liability insurance with 13 + years of insurance industry experience. She also served as a special insurance liaison to AARP members for 6 of those years. She is a graduate of UL Lafayette and currently resides in NY with her family. Shannon is also an amateur juggler, ukulele player, and is a time travel paradox theory enthusiast.
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