What recourse do I have to get damages for my vehicle?
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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
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 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.
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