How do I sue someone for wrecking my truck?

Asked over 1 year ago - Grapevine, TX

I allowed a friend to drive my vehicle while I was in the passenger seat and she drove it into a tree. She is under 18 and does not have a license. She refuses to pay me for the damages(est. $4200). How do I sue her?

Also, I thought she was going to pay me so I just filed the incident to my insurance as a hit and run so she would only have to pay the deductable. will this effect anything?

Attorney answers (5)

  1. Cassandra Ann Rodriguez

    Pro

    Contributor Level 11

    10

    Lawyers agree

    Answered . Well, you have committed insurance fraud by lying to your insurance co. About who was driving and how the accident ocurred, (Which is a criminal offense.) If i were you i would not want your actions to come out in open court.

    This answer is for general information only and is not intended as legal advice regarding your specific situation.... more
  2. David J. McCormick

    Contributor Level 20

    9

    Lawyers agree

    Answered . You lied to your insurance company and by doing that you committed insurance fraud. Your only option against your friend would be small claims court, but by filing a small claims lawsuit your insurance company could drop you for the fraud you committed if they found out about the lawsuit.

    By lying to your insurance company you screwed yourself because you really can't afford to file a small claims case.

    Good luck.

    DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being... more
  3. Christian K. Lassen II

    Pro

    Contributor Level 20

    7

    Lawyers agree

    Answered . That's insurance fraud. If you are charged with this felony, retain a local criminal lawyer, so you don't end up in the big house.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
  4. Scott Douglas Camassar

    Contributor Level 16

    6

    Lawyers agree

    Answered . I agree with these other lawyers. There wouldn't be any point to suing her anyway if she had no insurance or ability to pay you. If your friend works, see if you can get her to agree to a payment plan.

  5. Michael Shemtoub

    Contributor Level 17

    3

    Lawyers agree

    Answered . First of all, never make false claims to any insurance company. That is a serious charge. I would call the insurance company and come clean on what you did. Take your friend to small claims court and that should settle the repair cost.
    Good Luck

    Check out my website below and give me a call for a free consultation if you are a California resident 877-427-2752 or you can email me at Michael@Kingofpersonalinjurylaw.com

    www. KingofPersonalInjuryLaw.com

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    Check out my website below and give me a call for a free consultation if you are a California resident 877-427-... more

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