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.
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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 aware that there are time limits on all claims that depend on the kind of claim, so do not delay in seeking an attorney.
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.
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.
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.
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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.
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For what? Your car is already being repaired and you were not injured.
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