My parked car was hit in a homedepot parking lot in hayward CA alameda county. Nobody was inside the car at a time. The car that hit my vehicle was a dealer car. The driver said she doesn't have insurance. Her husband said it his car he just bought it and hasn't put it under his insurance (he lied because after 60 days I checked with dmv and it shows as still under the dealership Folsom Lake autos in sacramento). Me and her husband both have progressive insurance I immediately contacted them they opened a claim under his after 85days they denied coverage without really giving a detailed reason just saying "the particular car and driver are not covered under the policy".
Now I believe my best choice is to sue in small claims. do I just file against the driver of the vehicle or can the dealership also be sued for negligence for giving a car to an uninsured driver for personal use. If you recommend some other course of action please let me know aswell.
Thank you
In situations like this, suing in small claims court can be a viable option. You can generally file against the driver who caused the damage, but there may be grounds to also include the dealership if the car was still under their ownership when the accident occurred. If they allowed the vehicle to be driven without insurance or proper paperwork, that could potentially be seen as negligence. It’s a good idea to gather all your documentation, including the DMV records, insurance communications, and any other evidence, before moving forward.