How do I sue an uninsured driver who wrecked my car?

[scor68]

What is the name of your state? Texas

My son let a friend drive a car that I had given to my son (--but I officially own the car). The friend of course gets into an accident and totals the car. The friend has no insurance, is 19 years old and yes the accident was his fault. My insurance on that car is Property Damage only. So my insurance will pay for the other car involved. Here is my question. I want to make "the friend" responsible for the car. The car's value at the time of the wreck was about $2,000. Not to mention other costs like out of pocket medical expenses, towing, etc. What can I attempt to recoup and would I do this in small claims court?

What is the name of your state? Texas

 

[Zigner]

Sue the driver and your son for your actual out-of-pocket expenses

 

[scor68]

Sue the driver and your son for your actual out-of-pocket expenses

Well suing my son is not an option in this case, but I am happy to sue the friend. I go back to my original question is the best place for this small claims court and can how much can you claim as damages on the car? The car's value is about $2,000 to fix it would cost about $10,000. What is reasonable in the eyes of the court? - Thank you.

 

[Zigner]

Well suing my son is not an option in this case, but I am happy to sue the friend. I go back to my original question is the best place for this small claims court and can how much can you claim as damages on the car? The car's value is about $2,000 to fix it would cost about $10,000. What is reasonable in the eyes of the court? - Thank you.

Question: how much can you claim as damages on the car?
Answer: The car's value is about $2,000


Question: is the best place for this small claims court
Answer: Yes


EDIT:
Why don't you want to hold your son responsible for giving permission for the use of your vehicle?

 

[scor68]

Question: how much can you claim as damages on the car?
Answer: The car's value is about $2,000


Question: is the best place for this small claims court
Answer: Yes


EDIT:
Why don't you want to hold your son responsible for giving permission for the use of your vehicle?

Thank you for the answers.

You asked: Why would I not want to hold my son responsible?

The answer is that my son will be held responsible for giving permission for the use of my vehicle. I feel that using the court to force that responsibility in this case is not worth the long term damage it would do to my relationship with my son. Responsibility and enforcement will be done privately in a family forum.

 

[ecmst12]

The friend was not "uninsured". He was driving an insured vehicle with permission of the vehicle's custodian. He would not NEED any other insurance to do so, as evidenced by the fact that your insurance is covering the other party's damages. If you'd had collision coverage (which would not have made much sense, but I've seen it), the friend would have been considered a covered driver, and it would have paid for your damages.

You can of course still hold him responsible for the damages to your vehicle (or the value, whichever is less), but don't claim he was not insured. Insurance follows the car, not the driver.