Can I sue my husband’s family for hitting my parked car?

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Can I sue my husband’s family for hitting my parked car?

My husband’s sister hit my car while it was parked outside of their house. She was a minor with no insurance at the time of the incident so we didn’t call the police. However, we verbally agreed to give them until 11/01/10 to pay off the damage to the car (estimate was around $1200). We have tried communicating with them and they still until this day have not paid or made any effort to ask for more time. They have also done this to my parents with a money loan. How can I go to court or get my money?

Asked on October 29, 2010 under Accident Law, Texas

Answers:

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

Answered 10 years ago | Contributor

If you have uninsured motorist coverage on your auto insurance policy, you could file a claim with your insurance company for the damage to your car and have the car repaired.

If you don't have uninsured motorist coverage, you could sue the minor's parents for negligence in Small Claims Court.  Are the parents the registered owner(s) of the vehicle?  You want to name the registered owner of the vehicle as a defendant in your lawsuit.  If the parents are not the registered owner(s) of the vehicle, they should still be named as defendants in your lawsuit for negligence. 

Your damages (the amount you are seeking to recover in your lawsuit) should include the cost of repairs to your car and court costs such as the court filing fee and process server fee.


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