Police came and gave man a ticket but they expect me to file with my insurance and I refuse. I have an estimate I need to know if I can go after the dealership
Get the insurance info of the dealership, and file a claim. If their insurance won't pay, small claims court.
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Brain Injury Lawyer
I would contact the dealership and demand that they alert that carrier to your claim. Their carrier should provide coverage.
Family Law Attorney
Probably not unless the dealership knew or should have known that the driver was likely to be an unsafe driver. If they were on notice, they may be liable, otherwise, I think you're stuck going after the driver.
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While I agree with the answers of the other attorneys responding to your query, I would add that you can go ahead and file with your homeowner's insurance, if the damage is greater than your deductible, inasmuch as your insurance will not only fix your fence but then they (and their attorneys) will go after the driver and the dealership under what is called subrogation.
Otherwise, whether to pursue it in small claims or circuit court will depend on the damages to your fence (e.g., if it is only a small section of a wood picket fence you are probably looking at a small claims case).
If you do end up having to bring suit, make sure you name both the driver and the dealership as defendants.
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You need to contact an attorney to see if they will send a demand letter to the dealership to determine whether their insurance policy covers the property damage that you sustained. If it does not cover it, then you probably are just left with suing the driver of the car because it was his negligence that caused the car accident unless the car had a defect that caused the car accident. In such case, you could possibly sue the manufacturer and/or the dealership.
The dealership should have insurance coverage for this type of scenario. In my opinion, if you file suit against the driver, the car dealer's policy will provide coverage. Obviously the unknown is whether this is a reputable dealership that has a policy, or a low rent car lot that does not.
This response should not be constued as legal advice on how to proceed as our firm does not have enough information to analyze the claim. Further, until we are in an attorney/client relationship we generally do not give specific legal advice.