Texas Small Claims Cases

Property Damage

 

Whether it be a car wreck where  your car was damaged or a neighbor damaged your fence, these cases can be filed in Texas small claims courts.  Most of these types of cases are basically a “negligence” case, meaning that one person alleges that another owed a duty to act with ordinary care and to not harm them.  When a car wreck occurs and the at-fault person doesn’t offer enough money to cover your damages (property damages, you can sue them for negligence.  Even though most Texas drivers have car insurance, remember that you don’t sue the insurance company – you sue the person who caused the wreck.  The insurance company merely hires a lawyer to defend the sued party and pay the damages.  The same goes for homeowners’ insurance.

In property damage cases, you are NOT entitled to attorney fees if you win a property damage case against a third-party.  Thus, most attorneys probably won’t take a case.

There is an exception to the attorney fee award – if you sue your OWN insurance company for not adequately paying the value of your damage, you can sue your own insurance company for breach of contract and be awarded attorney fees (if you used one).