What to do if my car was hit while parked on the street outside of my house?

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What to do if my car was hit while parked on the street outside of my house?

The driver was borrowing a car from a person who lives in and is insured by a company out of stae. The insurance company says that because the driver was driving without a license, due to their state laws they are not liable for the accident. I want to take them to small claims court but do not know how to go about doing it?

Asked on February 22, 2013 under Accident Law, New Jersey

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You can sue the driver, since he or she was  presumably at fault (e.g. driving negligently or carelessly) in hitting a parked car; you can also sue the car's owner, for  being liable by lending the car to someone without a license. The fact that the insurer may not pay does not mean you can't sue--it just means that if you win, you have to get the money from the people you sued, not an insurance company. For damages of, say, $3,000 or less, you may wish to sue in small claims court and act as your own attorney (you should be able to get forms and instructions from the court); for amounts over that, speak with an attorney.


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