What recourse do I have to get damages for my vehicle?

UPDATED: Oct 1, 2022

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What recourse do I have to get damages for my vehicle?

I was involved in an auto accident. I have been trying to recover the damages for my vehicle, however the insurance company is giving me the runaround. They state that they have to ensure that the driver had permission to drive the car because the vehicle was not his it was his sister. However. there is no

documentation that the sister reported the car stolen. What recourse do I have?

Asked on July 3, 2018 under Accident Law, North Carolina


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You can sue the at-fault driver and also the car's owner. Regardless of whether the insurer decides to voluntarily compensate you  (any settlement offered, especially before or without suing, is voluntary), you have the right to sue. If you can prove that the other driver was at-fault (note: only an at-fault driver owes you compensation; if the other driver was not negligent or careless, you are not entitled to compensation), you can get a judgment requiring him and/or the vehicle's owner (a car's owner is liable for those whom he allows to drive--and if it's not reported as a theft, they let the driver drive) to pay you the cost to reapir your car.

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.

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