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Can I take the driver who hit my car to small claims court?

Asked by user in NC.

My car was hit and the driver of the other vehicle admitted guilt. His insurance company said he was only 70% in the wrong, so they won't fix it. Do I have a legal case to go to small claims court?

Answered by Enjuris Editors:

North Carolina is 1 of only 5 states that follow the strict contributory negligence rule. Under this rule, if a victim’s own negligence contributed to causing the accident to any degree, the victim recovers nothing (with a few narrow exceptions). Accordingly, if you were 30% at fault for the accident, you can’t recover any damages.

With that being said, if you think the insurance company is wrong and you don’t believe you were partially at fault for the accident, you can negotiate with the insurance company or take the insurance company to court for failing to pay a legitimate claim.

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