Previous damage

What is the name of your state? Massachusetts

I was involved in an accident recently. The other parties insurance company accepted fault for the accident but is now trying to knock the damages down from $4000 (damage) to $1000.

They claim the other 3k is previous damage (it isn't) and they are not responsible.

I told them to keep the 1000 and that I would sue. When I did this they told me I was no longer eligible for a rental car.

What do I do now?

Sue the other party?

Sue the ins company?

How long should this take? Can I add on for rental fes from now till when it finally gets resolved?

Thanks you

[JETX]

Q1) "I told them to keep the 1000 and that I would sue. When I did this they told me I was no longer eligible for a rental car.
What do I do now? Sue the other party? Sue the ins company?"
A1) You sue the other party.

Q2) "How long should this take?"
A2) Depends on the backlog at your local small claims court. Could be a few weeks to a few months.

Q3) "Can I add on for rental fes from now till when it finally gets resolved?"
A3) No. If you prevail, you can however add the rental car amount for the period that your car is in the shop..... when it is getting repaired.

Thank you very much for your help.

[JETX]

You're welcome!