Can I sue an insurance agency for not covering the cost of damages on my vehicle?

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Can I sue an insurance agency for not covering the cost of damages on my vehicle?

While my car was parked outside of my apartment, my neighbor saw someone
attempt to back up and hit my car. My neighbor was able to obtain the license
plate number and identify the vehicle. As soon as I found out about the incident,
early the next morning, I called the police and filed a report. My witness was there
and repeated what happened to the police officers. I was able to obtain the
owner’s insurance information. I filed a claim with his insurance company, and over
a month later, they told me there were no damages on his car, and he denies
involvement, therefore, they will not be covering anything.

Asked on October 31, 2018 under Accident Law, North Carolina

Answers:

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

Answered 2 years ago | Contributor

Your recourse is to sue the hit and run driver for negligence; not his insurance company.
You can file your lawsuit in small claims court. Your damages (monetary compensation you are seeking in your lawsuit) would be the cost of repairs to your car.
Upon prevailing in the case, you can also 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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