Q: An insured car damaged my property. The driver was not the owner of the car. Can I go after the ins. co. for damages?
The police were called and a police report was filed.
A: If the owner of the car gave permission to the driver to drive it, the owner is liable, and if the owner was insured, then, yes, you would set up a claim with the owner's insurance company. If you don't know if the owner gave permission, you would set up the claim anyway, and then the issue will be sorted out. If there is liability, but the insurance company denies the claim or does not offer enough money to settle it, then you may sue both the owner and the driver.
Tim Akpinar agrees with this answer
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