Who should I sue?
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Who should I sue?
My car got hit by an unlicensed driver who was driving someone else’s rental car. She sidewept my vehicle while it was parked along the sidewalk and I was not in it. Upon approaching the scene, she continued on about how she would pay me cash and I ignored her as I collected pictures of the damages. My insurance company informed me that my damages are worth $1041. I contacted Enterprise, the rental company and approached them about the damages. I began emailing the branch manager who rented to the vehicle to the person and he assured me that he would get the car back. I asked him what would happen to compensate for my damages and he said he would not file a report because the damages to his car were minimal. He then told me that he wouldn’t mind
Asked on October 17, 2016 under Accident Law, Texas
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
You can file one lawsuit for negligence naming the following as defendants: driver who hit your car, renter who allowed the unlicensed driver to drive the rental car, and the rental car agency because it is the registered owner of the vehicle.
I would not have the rental car manager mediate the dispute between you and the renter because that manager has a conflict of interest since the rental car company is liable as the registered owner of the vehicle.
You can file your lawsuit against the defendants listed above in Small Claims Court. Your damages (monetary compensation you are seeking in your lawsuit) would be the cost of repairs to your car, costs you incur for a rental car while your car is being repaired, court costs upon prevailing in the case which would include the court filing fee and process server fee.
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