Q: I was in an accident,the other party was at fault,and she fought it. Her ticket was dismissed. What recourse do I have?
My truck was damaged and needs to be fixed. I am being told that I now have to pay for my own repairs.
A:
The answer depends on the facts of the accident.
A traffic summons to the other party does not determine civil liability. You would still have the burden of proving that her negligence was the sole cause of the damage to your vehicle. In Virginia, you would be unable to recover if you were partly at fault regardless of which party's fault is greater.
If you do not have collision coverage on your policy and have to pay for the repair, you would either have to retain counsel at your own expense to pursue a civil claim or else represent yourself in small claims court if you wish to recover your repair cost.
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