What can I do if my parked car was hit by another vehicle but the driver’s insurer will only pay me 75% of its estimate?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What can I do if my parked car was hit by another vehicle but the driver’s insurer will only pay me 75% of its estimate?

The driver was attempting to cross a 2-lane 1-way road. He had a yield sign but when he attempted to cross straight across the road that had right of way, he was hit in the side rear of his vehicle. He lost control and drove up on a curb and hit my parked vehicle. His vehicle was registered to his used car lot. His insurance company is in another state and will only pay 75% of the repair cost to my truck. Who do I take to small claims court – the insurance company, the driver, the dealership or all 3? His insurer has paid me 75% of its initial estimate, which is about half of the price of the other 3 estimates that I have gotten.

Asked on July 10, 2014 under Accident Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You cannot sue his insurance company; they are *his* insurer, not yours, and they do not owe any duty to you. You could sue the at-fault driver for any amounts not paid by his insurer; you may be able to sue the dealership as well, if they were the owner of the vehicle and/or his driving it for them on business.

Note, however, that if you signed any settlement agreement with  the insurer stating that you were takng their offer in full settlement or complete satisfaction of your claims, then you most likely *cannot* sue--if you signed something like that, you contractually gave up your right to sue in exchange for the payment.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption