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Law Pro
Law Pro, Attorney
Category: Legal
Satisfied Customers: 24869
Experience:  20 years legal practitioner: real estate, collections, estate, civil, business, and criminal law
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I was in an accident and my car was damaged by an individual

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I was in an accident and my car was damaged by an individual driving the other car but he was not listed on an auto policy that carries liability coverage on the vehicle he was driving, can I recover damages (1300.00 to my car does not include any personal injury) from him in a small claims court under Texas Law.
Just to be sure - who was at "fault" for the accident?

Was a police report made of the accident?
Customer: replied 4 years ago.

A "Crash Report" was filed with the State of Texas as required, police usually are not summoned to the scene when there are no obvious injuries reported, my car was hit in the rear left driver's side bumper (1300 damages). The individual slid into my vehicle, the road conditions were wet and traffic had stopped and I was also stopped.

If the driver had the authority or was given permission to drive the vehicle by the owner - then the vehicle's owner is liable for any and all damages.

Yes, police reports are not mandatory if no one is injured but sometimes they are still done.

Have you informed your insurance carrier?
Customer: replied 4 years ago.

As for as I know he had permission to operate the vehicle. Yes I have informed my insurance company, my company is willing to repair the damages but I am liable for a deductible which I don't feel that I should have to pay. I guess my insurance company will go after the company through the court to recover any costs?

Yes. There is such a thing as insurance company arbitration where they can pay your damages and recover such from the defendant's insurance carrier.

Another option is that you make claim directly to the other insurance carrier for your damages - this is the usual course and doesn't involve your insurance company.

Lastly, is that you repair your vehicle and sue the other driver and vehicle owner in small claims court. This is the most drastic and usually isn't necessary.

So, what you should do is make claim to the vehicle's insurer for your damages and provide them with an estimate of repair and time needed for a vehicle rental.

If they don't agree to pay such - contact your insurance carrier. If your insurance carrier won't pursue the matter on your behalf - then let them fix your vehicle and pay the deductible then sue the driver and owner of the vehicle for your total damages and repay your insurance company.
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