Q: Do you sue an individual or the insurance company, whereby an insurance company denies a claim / their insured at fault
In this case other party ran a red light resulting in collision accident, but claim was denied by at fault driver insurer in that there was no witness at the scene- but never deny the fact that the other driver ran a red light!
other party claimed couldn't speak English and Police called on scene, but as per the city regulation, police cannot do any investigations on an accident if there are no injuries or criminal activities- so they didn't make a report.
Vehicle damages are over $10k, and have Liability and uninsured motorist coverage only and without collision coverage my insurer is mute,
Very frustrating, -cant find attorney as every attorney states cannot help as there was no body injuries, thus need to know how to do a small claims court.
Thanks
A:
Texas does not allow a direct action against another driver’s insurance company. Sue the other driver directly. The other driver can then demand that his insurance company defend him and indemnify him from any judgment.
Our JP courts have jurisdiction up to $20,000. If the damage to your car was $10,000, this is an ideal case for JP court.
A: Claims for bodily injury and property damage are generally brought against the individual. They then turn the claim over to their insurance carrier. Good luck
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