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?

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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 7 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.


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