What to do if I was hit by another driver in the rear and it caused me to hit some trash on the emergency lane and do some minor damage to my front end?

The insurance company does not want to pay for the front end because they say it looks like previous damage but did pay for the rear. Who would I take to court for the front end repair – the insurance company or the other driver? The other driver did not have a license on him and did not speak English, so I don’t really know who he is and the insurance company will not give me his information.

Asked on March 8, 2013 under Accident Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

You could sue either, though it may be easier to sue your insurer if you can't even identify the driver:

1) Your insurer: you would sue them for breach of contract, on the grounds they are violating their contractual (policy) obligations by not paying for the front end damage; you would need to prove the damage was no pre-existing.

2) The other driver: you would sue him for his negligence (carelessness) in causing you property damage.

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