(tx) Boyfriend Got Hit By A Driver With A Permit. Their Insurance Is Refusing To Pay.

Location: Texas

My boyfriend was T-boned on March 13 of this year when another driver failed to yield while merging onto his road. The police report clearly states the other driver was at fault. The driver only had a learner's permit, and the owner of the vehicle was in the passenger seat at the time.

My boyfriend unfortunately didn't have insurance. The other driver's insurance denied the claim, saying the driver wasn't listed on the policy, so they aren't covering the damages.

I spoke with a lawyer who believed this could fall under negligent entrustment, but he said pursuing it likely wouldn't be worth the legal fees. He offered to send a letter to the insurance company for free, but after months of trying to reach him again, I haven't been able to get in contact.

His truck has been undrivable since the accident because both passenger-side doors are caved in, so he's been borrowing a family member's vehicle.

I'm hoping to get some advice:

- Should we appeal the insurance denial ourselves before contacting another lawyer?

- Is it worth hiring an attorney if the claim is only for the damage to his truck?

- Would small claims court be an option in Texas if insurance won't pay?

- Since he didn't seek medical treatment at the time because we couldn't afford it, does that hurt our case if he's still having elbow pain?

- Are there any other options we're overlooking?

We're both living paycheck to paycheck. He's currently unemployed, and I'm in college with limited work hours, so we're trying to figure out the most cost-effective path forward.

Any advice would be greatly appreciated.