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A guy hit my car. No damage to his pick up. He denies it happened and his insurer denied my claim. Do I sue him or the insurer

Riverside, CA |

His tire hit my door, so no damage to his pick-up. He denies it ever happened and the insurance company agreed with him since they couldn't find damage on his P/U, even though I have all his personal and insurance information.
Need to know if I should sue him or the insurance company in small claims

Thanks Mr. Myers. But who do I go after? Do I sue the guy's insurance company who declined the claim or do I sue the guy who hit me personally? It's an older car and thus I don't have collision coverage on it

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Attorney answers 3

Best Answer

If you go to small claims court, you sue the guy who hit your car, not his insurance company. It will be up to the guy to tender the claim to his insurance company, if his insurance company cares to defend and indemnify him.


I assume that you have damage to your vehicle. Through photographs, at the very least, you should be able to match up the tire of his truck and your door. Put a claim in through your own insurance company and/or go to small claims for the deductible or the claim.

This answer is offered for informational purposes only. It is not offered as, and does not constitute, legal advice. Laws vary widely from state to state. You should rely only on the advice given to you during a personal consultation by a local attorney who is thoroughly familiar with state laws and the area of practice in which your concern lies.


Since you are in California, you sue the guy himself. His insurance company will have to pay any judgment but under state law you name him in your suit, not his insurance company. You can do this yourself in small claims court which is a fairly inexpensive and a simple way to handle a matter of this nature.

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