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First you need to be certain of who is legally liable for the damage. Insurance companies seldom refuse to pay damages unless the claim is unsubstantiated. If you have undisputable proof the other driver was At Fault, then you can sue that person.

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In most jurisdictions you have to sue the driver/owner and not the insurance company directly. The small claims court clerk can tell you for sure. The insurance company will defend the other driver/owner and pay the claim if you win in court.

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Q: If your thousand dollar claim was denied by the other driver's insurance who should you go after in small claims court?
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