What are my rights if my neighbor hit my fence with their car?

He tried to fix but I never agreed to him trying to do so. It will cost around $300 to $400 to fix the damage. Can I not file against his auto insurance? The police did not take note of his insurance info as they filed it as property damage and not a car accident.

Asked on November 1, 2013 under Accident Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

No, you cannot file against his insurance--it is his insurance, after all, not yours, and protects him from having to pay out damages if successfully sued. He can submit the claim to his insurer without a lawsuit being filed, if he chooses, but you can't force him to submit it; you can't submit it yourself (since you're not the customer); and even if submitted, you can't force the insurer to pay unless you sue and win. Therefore, the way to handle this, if your neighbor and/or his insurer will not voluntarily pay, is to file a small claims lawsuit against him for the cost of the fence.

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