What are my rights if my neighbor hit my fence with their car?

Get Legal Help Today

 Secured with SHA-256 Encryption

What are my rights if my neighbor hit my fence with their car?

He tried to fix but I never agreed to him trying to do so. It will cost around $300 to $400 to fix the damage. Can I not file against his auto insurance? The police did not take note of his insurance info as they filed it as property damage and not a car accident.

Asked on November 1, 2013 under Accident Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

No, you cannot file against his insurance--it is his insurance, after all, not yours, and protects him from having to pay out damages if successfully sued. He can submit the claim to his insurer without a lawsuit being filed, if he chooses, but you can't force him to submit it; you can't submit it yourself (since you're not the customer); and even if submitted, you can't force the insurer to pay unless you sue and win. Therefore, the way to handle this, if your neighbor and/or his insurer will not voluntarily pay, is to file a small claims lawsuit against him for the cost of the fence.


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 with SHA-256 Encryption