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Can I sue a company whose delivery driver hit my car?

Dallas, TX |

On Wednesday last week, a Sparkletts water truck hit my car and damaged my driver side front fender. After I found out that the process of getting the repair paid for by the comany would be lengthy, and have no guarrantee of being paid on time, I went through my own insurance company to have everything paid for. I have my car back now, but now I have a car with diminished value (because of the accident), and I will likely pay higher insurance rates in the long run. Can I sue the company for this, and also to penalize them for being negligent? The driver hit my car because he didn't want to park on the opposite side of the road where there was plenty of room. He double-parked and hit my car in the process just because he didn't want to turn the truck around.

Attorney Answers 3

  1. It sounds like you had comprehensive insurance and that you went through your own insurance carrier for your repairs. You do have the right to make a claim against Sparkletts for your deductible and you are entitled to damages for decreased value of your vehicle because of the damage, which greatly depends on the severity of damage to your vehicle. If this was a scrape or minor damage your claim for decreased value will probably be minimal. You can file the claim yourself in small claims court through a Justice of The Peace in the precinct where the collision occurred.

    If this information has been helpful, please indicate below. I hope my information is helpful to you. If you think this post was a good answer, please click the "Good Answer" button below and/or designate my answer as the "BEST ANSWER". Thanks. This is a general response to a question for basic information and is not legal advice. Legal advice can only be given when all of the facts of your situation are discussed with a lawyer, which we have not done.. If you reside outside the State of Texas please understand that the laws may be different from the laws that I may cite in a my comment. This comment is not to be construed as legal advice to your particular situation because there are many factors that influence legal counseling- this is simply a comment. Response to an email does not create an attorney-client relationship between you and the Law Offices of Kevin R. Madison, P.C., nor any of its attorneys. If you send us an e-mail, or call us, and we do not already represent you, neither your e-mail inquiry nor telephone call will create an attorney-client relationship. E-mails cannot necessarily be treated as privileged or confidential. Only entering into a written legal services contract with the Law Offices of Kevin R. Madison, P.C. will create an attorney-client relationship. There is no substitute for one-on-one legal advice and you are urged to meet with an attorney and discuss your case, personally, with an attorney in the state in which you reside or your case occurred. Thank you. Kevin R. Madison. Visit our website at and Kevin Madison, Austin, Texas- representing injured persons in motor vehicle collision, truck and motorcucle accidents and representing victims of sexual harassment, sexual assault, sexual abuse, physical assaults, and representing victims of sexual exploitation committed by doctors, therapists, psychologists, psychiatrists, clergy, counselors, priests, and rabbis. Visit our sexual harassment/sexual exploitation blog at

  2. As Kevin mentioned, you can file a claim in small claims court for your damages, including the repair cost and any diminished value to your vehicle (if any). Before you file in small claims court, I would suggest you contact the company and try to resolve the matter first. If their driver was negligent and you are only claiming property damage, then they will likely be willing to try to resolve the claim. If you are unsuccessful at resolving the claim with them, then I would suggest you go ahead and file in small claims court. Sparkletts does not obtain a "credit" for any money you received from your insurance, but keep in mind your insurance company likely has a subrogation interest. I would contact your insurance carrier to determine if they are trying to obtain reimbursement from the responsible party for the monies they paid for your repairs. In some instances, they may be able to recoup your deductible for you depending on the facts of the claim.

  3. Although you have a "right" to sue them, it is unlikely to be fruitful, because the trouble and time is likely to be more than you get back. You must reimburse your insurance company for their expense and represent them in the suit, so they must be involved in whatever you do. See if you can coordinate with the subrogation expert of your company demanding that they recover these additional damages as part of their recovery process with the other company. In any event, his expertise in these matters will help you make a wise decision about how to proceed. You pay big bucks for your insurance and you should avail yourself of their expertise, as well as the benefits that they are strictly required to provide.

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