Can I take the person who hit my car to small claims court? Or the insurance company?

In Texas, you need to file suit against the driver rather than his insurance company. Louisiana is the only state that will allow you to file suit directly against the insurance company. Although you are suing the guy that harmed you directly, his insurance company will have a duty to defend and to indemnify him from any damage that he may have caused you. In other words, his insurance carrier will pay for an attorney to defend him and will pay any judgment that you may receive against him in small claims court. I would suggest you go ahead and file against the driver in small claims court for the damages you incurred. You are entitled to (1) the full value of the property damage to your car, (2) any loss of use you had due to obtaining repairs on your vehicle, and (3) any diminished value of your car. You will seek the full value of your property damage rather than simply the deductible because the defendant does no get a "credit" for the amount that your insurance company paid you. For example, say it was $1,000 to repair your vehicle. You paid a $500 deductible and your insurance company paid the other $500. The tortfeasor (the guy that caused you harm) does not get to claim "credit" for the $500 that your insurance company paid you because you were smart enough to have your car insured. That said, your insurance company may have a "subrogation" interest that will require you to pay them back the $500 that they paid you for the damage. Generally the small claims court will have a form that you simply fill out and in most Texas counties it's about $106.00 total. The defendant may be liable for the costs you incur in prosecuting the suit against him. There is very limited discovery and a "trial" in the small claims court generally simply consists of you telling the judge your story and the other guy telling the judge his story. Good luck.

You are exactly right and thinking like a lawyer. You can and should file a small claims petition in JP Court. You have to file the petition in the precinct either: (1) where collision occurred; or (2) where defendant resides. If the collision occurred in the precinct where you live, file it there. As a voter you want your JP to hear this case. You will need something in writing from a used car lot salesman or other car expert as to any diminution in re-sale value. Make sure your pleading is filed in SMALL CLAIMS COURT rather than Justice Court. In Justice Court all of the Rules of Evidence apply and it is more technical. Good luck. Go get 'em! Law Offices of Kevin R. Madison, P.C. 13062 Highway 290 West Austin, TX 78737-8811 Tel: (512) 708-1650 Cell: (512) 784-5237 Fax: (512) 708-1654 Email:[email protected] Web: www.kevinmadison.com