Our vehicle was hit by 18 wheel truck. it's being fixed by his co. we may have video showing intent. if so, can we sue his co.?

Asked over 1 year ago - Fort Worth, TX

we parked on walmart/sams parking lot. we were two spaces from an 18 wheeler that was not running or moving at the time we exited our vehicle. the driver was outside of the truck smoking a cigarette. when we came out of walmart after being in there approximately 30 minutes, the truck was resting against our car. the driver denied hitting our car. i have pics and when i showed him that his bumper had pierced the drives side of our vehilcle, he moved his truck. we then called police and they took the report and we are now in the process of getting the footage from the walmart surveillance video system. he hit our car while i think he was just trying to make it difficult for us to re-enter our vehicle.

Attorney answers (8)

  1. Vuk Vujasinovic

    Pro

    Contributor Level 13

    13

    Lawyers agree

    Answered . Yes you can. Can you provide more details so we may evaluate your claim?

  2. John Gus Zgourides

    Contributor Level 17

    11

    Lawyers agree

    Answered . I agree with Vuk. you can sue the trucking company,, and also the driver. More facts are needed to determine whether a lawsuit would be economically viable.

    John Zgourides
    www.zgourides.com

    My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice.... more
  3. Richard Kurt Arbuckle

    Pro

    Contributor Level 18

    11

    Lawyers agree

    Answered . How bizarre!! You may have a claim, but the question will be whether there are any damages in addition to the property damage. It does not sound like there are any. There are always two questions in a lawsuit: are they responsible, and if so, how much were the damages.

    This is not legal advice. You should always discuss the specifics of your issue in person with an attorney. Be... more
  4. Robert C. Slim

    Contributor Level 14

    10

    Lawyers agree

    Answered . I would not make the claim that the truck driver acted intentionally. If you make that claim, then the insurance company and the trucking company may not be liable for the damages. This is because insurance companies do not cover "intentional" acts. Additionally, his employer is only liable for damages caused "in furtherance" of his employment duties. If you claim that he acted intentionally, then you may lose the right to get any recovery from the insurance company and/or the trucking company. You would only be left with getting money from the driver personally, which would be the least beneficial scenario. I recommend you keep it simple: The truck driver struck your vehicle causing damages. You have nothing really to gain, and more to lose, by making this personal.

  5. Jeffrey Ira Schwimmer

    Contributor Level 19

    9

    Lawyers agree

    Answered . Wait a second ! Your Post says you were struck by this truck and that your car is being "fixed by his co.". In short, if your car is being, or was, repaired by the owner of the truck at no expense to you, then you have no basis to bring a suit against the driver. Any such suit would have been for the purposes of collecting the cost of repair or the fair market value of the car had it been totalled. Since you have, or are being, voluntarily provided with that item of "damages", there is no longer anything to sue for. Your case, if brought, would ultimately be dismissed.

  6. Lars A. Lundeen

    Pro

    Contributor Level 20

    9

    Lawyers agree

    Answered . If you were to prove that the truck driver deliberately damaged your vehicle, you will void any applicable insurance coverage for this incident that may apply to the truck. You then would need to turn to your comprehensive insurance coverage, which will compensate you for vandalism. I suggest you try to get the damages repaired without making allegations of intentional acts which will void the truck's coverage.

    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

    This ans. does not create an attorney/client relationship.
  7. Christian K. Lassen II

    Pro

    Contributor Level 20

    9

    Lawyers agree

    Answered . Yes.

  8. Charles Joseph Michael Candiano

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . For what? Your car is already being repaired and you were not injured.

    If this information has been helpful, please indicate by clicking the up icon. Legal Disclaimer: Mr.... more

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