How can I sue another auto insurance company for damages done to my car?

[Cherrylicious]

A few weeks ago, my car was legally parked and unoccupied outside of my residence when a unknown driver driving a reported stolen vehicle collided into the back of my car causing damages to my car in a hit and run. Despite video evidence and a police report, the owner of the vehicles insurance policy is denying coverages to my vehicle simply because it was a stolen car and that the unknown driver did not have permission to drive the vehicle which is why they are denying my claim but I am in the middle of taking this to small claims court to have them look through it so that I could possibly be able to be eligible for the lawsuit and I also have photos of the damage is done to the car and the estimate total of how much it will cost so I have all of my paperwork and evidence to show the judge. So will there be a case here is there a possibility of me winning this case? Thank you in advance.

[AviatorTom]

I'm not a lawyer but I would guess you should sue the owner of the vehicle that hit you, not their insurance company. If you have proof of the specific vehicle and its owner, that should be a fairly easy case to win. Collecting the money could be problematic though.

Have you contacted your insurance co psny to see what they would recommend?

[Staximus]

The owner wasn't driving the car, it was stolen

[AviatorTom]

@Staximus That shouldn't matter. The owner of the car is responsible for it.

[Staximus]

Not when it's stolen

[bowenw]

Where I live you contact your own insurance company handle it. They will deal with the other insurance company. Your own insurance may cover damage caused by an uninsured driver.

[bowenw]

Thank you for the MHO. 😊
I hope you get your car repaired at no cost to you.

[OlderAndWiser]

Have you considered contacting an attorney?

[Cherrylicious]

Yes but no one would help me. Most only cover accident victims.

[OlderAndWiser]

Try attorneys who advertise themselves as general practice attorneys.

[Staximus]

Your case has a snowball's chance in hell. You can't sue the owner of the car's insurance unless he or somebody he gave permission was driving it (if his policy covers other drivers). Your insurance needs to pay for the damage to your car. If they won't, you should have had better insurance. Next time don't be cheap and get better insurance.

[DrPepper12]

Stop wasting your time and money. You're not going to win. Never. It's impossible. The other drivers insurance is for the insured meaning him not the vehicle. You're much better off pursuing this through your own insurance company.

[Telekinetic-Potato]

In NJ it's mandatory to have insurgence for this situation. I think it's called uninsured driver coverage.

[LiamJHayden]

Check the laws where you live. In California, where I live, in general a vehicle owner is not liable for the actions of the car thief. In this case, your own comprehensive insurance should cover it.

[slatyb]

No, the owner of a stolen car is not liable for damages while the car is driven without authorization.

[exitseven]

I bet if you broght this to court the insurance company will settle.

[guyinterested]

go through your insurance company. They will know what to do.

Usually, insurance follows the car, not the person though.