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How do I sue someone for wrecking my truck?

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. 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. In order to assess your legal matter properly and obtain legal advice, you must contact an attorney directly. Provision of this general information does not create an attorney-client relationship.


  2. 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 provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.


  3. 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.


  4. 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


  5. 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

    I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference

    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 I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference

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