This one is really dependent upon the circumstances and where you live. I can only speak to how Michigan will treat it. Since we're a No-Fault state, if your car is damaged, your insurance will cover the damage to your car(if you have physical damage coverage). If you don't carry physical damage coverage you can sue for up to $1,000 in small claims court. Now, most people in Michigan have coverage for this under their policies and will pay it out without going to court. You simply contact their company, explain the circumstances and submit a police report showing their driver is at fault. They usually pay these very quickly.
If it's not for physical damage to a car, you may be able to do the same thing, but the outcome may be very different. If it's for property damage or an injury, they may or may not work with you. It's very possible you may have to sue the other driver to recover any damages. Remember, their insurance company represents their driver, not you.
I would advise my clients to get an estimate on any damage to a car and to consult a doctor with any injury. Then, depending on what you find out, make a determination on whether it's worth pursuing. Any time you sue, there's a lot of time and energy involved and the outcome is not certain. You need to be able to put a dollar amount on it before you proceed. Get your ducks in a row first, then you'll be in a much better position.
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If it's not for physical damage to a car, you may be able to do the same thing, but the outcome may be very different. If it's for property damage or an injury, they may or may not work with you. It's very possible you may have to sue the other driver to recover any damages. Remember, their insurance company represents their driver, not you.
I would advise my clients to get an estimate on any damage to a car and to consult a doctor with any injury. Then, depending on what you find out, make a determination on whether it's worth pursuing. Any time you sue, there's a lot of time and energy involved and the outcome is not certain. You need to be able to put a dollar amount on it before you proceed. Get your ducks in a row first, then you'll be in a much better position.