In one sense, if the manner of how the accident happened is that the other driver is 100 % at fault for the cause of the accident, then it really does not make a difference who was driving your car and the other driver is liable to pay for the damages either way. You are likely just facing a stall tactic by the other driver's carrier. Go to small claims court if the value of the property damage/loss is $5000. Otherwise, consult with an attorney if the loss is of greater value.
If an attorney is too expensive, take him to small claims court. Good luck.
The above is general information only and is not legal advice. The information provided does not form an attorney-client relationship, and should not be relied upon to take or refrain from taking any action. I am not your attorney until we sign a retainer agreement.
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