Q: Car Accident How much to sue for when insurance fails.
Accident between me on motorcycle and other car. Other car entered the road from being parked on the wrong side and came at me head on. I swerved and impact of the left side of his vehicle- bike was totaled. He was still in my lane when impact occurred. Other driver was issued a citation. My insurance claims that he is 100% Fault other insurer says I was 20%. my insurance didn't want to fight it.
My insurance paid me what they calculated the bike to be worth minus 20% of my deductible.
I want to sue (small claims court since no attorney would take the case) to recover the other 20% of my deductible. Would be nice to get the actual value of the bike AND the cost of my safety gear/clothing that was damaged and can't be used.
My question is since I already got some $ from insurance company when I file small claims court do I only file for the amount I am missing or do I need to file for the full amount and then it is sorted out with insurance etc after?
A: I'm sorry about your accident. I hope everyone is okay. A Texas attorney could advise best, but your question remains open for a week. Until you're able to consult with a local attorney, the general rule nationwide is that if you were already covered for an out-of-pocket loss, you can't collect for the same loss again from a different source. The gear could possibly be a personal property loss, depending on how the carrier treats it. Good luck
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