Insurance company is refusing claim due to someone other than their insured driving.

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Insurance company is refusing claim due to someone other than their insured driving.

My vehicle was hit in my driveway by a teenage driver driving someone else’s
vehicle, I have field claims with both the driver’s insurance and with the vehicle
owner’s insurance and both have been denied. I have 2 estimates for damage of
1500. I suppose I need to file a small claims suit to get the vehicle repaired, but I
am unsure who to name as the defendant the driver, the owner or the insurance
companies? No police report was filed due to it happening in private property, but
neither the driver or the owner has disputed that she backed into the side of my
vehicle.

Asked on August 3, 2016 under Accident Law, Texas

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You would name both the vehicle owner and driver as defendants in your lawsuit for negligence.
You can file your lawsuit in Small Claims Court.  Your damages (monetary compensation you are seeking in your lawsuit for negligence) would be the property damage (cost of repairs to your car) and court costs.  Court costs are recoverable when you prevail in the case.  Court costs would include the court filing fee and process server fee.


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