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

UPDATED: Oct 1, 2022

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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


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

Answered 4 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.

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 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.

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