Suing for my deductible

Hello, my son was recently in a vehicle accident my vehicle and he was not at fault. The police non emergency were called, however, there is no police report as they advised us to only exchange driver and insurance information since there were no injuries, we did. My insurance deemed my vehicle a total loss and paid me for the value minus my deductible, 500. I sent a letter to the other driver who was in the accident to express my intention of suing if he didn’t agree to pay back my deductible. I am now finding out that he is pretty much a low life and his relative is the owner of the vehicle involved in the accident and so is the insurance. I explained to her that because she is the owner it is her who I will be taking to court unfortunately.

What are my chances of winning this in court if there is no police report? My son was driving, I have pictures of the damage, copy of the other party’s insurance card, picture of the other driver’s DL, and two other witnesses that can testify that the other driver admitted to being at fault. I do want my 500 back but I don’t want to spend any more money if I don’t have a good chance of winning the case. Please advise.

Asked on February 18, 2019 under Accident Law, Texas

Answers:

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

Answered 1 year ago | Contributor

Although it is not possible to predict the outcome of any case, your evidence presents a strong case.
You can file your lawsuit for negligence in small claims court. Upon prevailing, you can recover court costs which include the court filing fee and process server fee. You can enforce the judgment with a wage garnishment.


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