Can i file a small court claim?

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Can i file a small court claim?

In the beginning of this month I was in a car accident. I was stopped at a red light and was hit from behind. No police report was filed due to me not having a license or insurance. The man who hit me claimed to have insurance but after a few weeks his insurance called to say he was no longer in the insurance. The car is undriveable and under my father’s name. Should I file or should my father due to the fact that the car is under his name? Also, I am pregnant what exactly can I add on the claim other than the car, hospital bills and towing expenses. Nothing happened to the baby or me they just had me 4 hours at the hospital monitoring me. I know have a driver’s license.

Asked on November 30, 2016 under Accident Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Yes, a lawsuit can be filed if the other driver was at fault, which appears to be the case (when you are stopped at a light and are hit, the other driver is almost invariably at fault). You and your father would both sue: he would sue for car damage (it is his car, not yours; only the car's owner can sue for damage to it); whoever paid for towing would sue for that; and you would sue for your medical bills. If you and you the baby were fortunately not hurt, you can't get any "pain and suffering"--the only things you and he could sue for would be:
1) the cost to rent a car for some reasonable time (typically 1 - 3 weeks) while getting a new car;
2) lost wages, if you or he missed work due to this.
You can both sue in the same lawsuit, as co-plaintiffs, to simplify matters and save costs--there is not need for two separate suits.


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