It's a business decision. Your time and expense v. the damage to your vehicle. On these facts you have a likely shared scenario; the percentage to be decided by the judge.
Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff
You have nothing to lose by suing them in small claims court. Here is some information about small claims court in Nebraska: http://supremecourt.ne.gov/self-help/7223/small-claims-court . You will notice that the most you can get is $3,500, so if your damages are substantially higher, you may want to at least speak with an attorney. Otherwise, the rules of evidence in small claims are relaxed, and you should be able to bring in the police report, the damage photos, estimates, and your passenger to testify. If they provide only the husband's testimony at the hearing, that will not look good at all and I think the judge would rule in your favor. Keep in mind that attorney's cannot participate in small claims court.
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