What is the name of your state (only U.S. law)? TX
There was an attempted hit and run on my vehicle back on August 26th. Thankfully the people who hit my car in the parking lot were caught by my apartment security and admitted fault when questioned. I submitted a claim to their insurance but it was denied. Their insurance said they're denying the claim since their insured will not cooperate and answer their phone calls.
I was very baffled by their denial, especially when the insurance adjustors colleague had previously told me if the people who hit me didn't cooperate they would process the claim and raise their insurance rates. It just seems to me they have an obligation to pay the claim when the people who hit me were legally insured at the time. Unfortunately I've discovered their decision is completely legal. I also cannot go through my insurance since at the time my deductible was 1000 and I don't have that kind of money at the moment. I always thought if someone else was at fault you didn't pay a deductible. Unfortunately I learned the hard way and have now changed my deductible to 260 in case something like this ever happens again.
So it looks like I'll have to sue the people who hit me directly in small claims court. I have a written report from the security company but don't know if that's enough evidence. The security guard didn't even write his name on it. I could probably call the security company and see who was on duty that night. But would the written report be enough evidence? The police told me they "don't come out for that" when I called at the time of the accident. I really wish they would have. I'm sure a police report would make everything much easier.
Please let me know what can be done. I want to get all my facts straight and know what I'm doing before I try to bring a case in small claims court. I've never sued anyone so I am completely ignorant to the process.