Rental car CDW reimbursement?

I was in a car accident on Jan 4 that was not my fault and fault is not disputed. The other driver's insurance paid for my van to be fixed and a rental car. I only carry liability on my vehicle, so when I rented a car I opted for the collision damage waiver because I didn't think I should be liable for the rental car when the only reason I had it was because of another driver. After 3 weeks, the cdw total was approx $340 and we asked the insurance co to pay and they refused. We wrote letters to the ins. co. and the driver who hit me. The other driver wrote back saying she wasn't liable. Now we are on the way to court.

Last week, we found out that under TN law, the insurance co is NOT liable for that cdw on the rental car. We are not suing the insurance company, but the driver that hit me. I need to know if this law pertains to individuals also or if it pertains only to insurance companies. I need to know in order to decide whether to move forward with the lawsuit. I would like to also know where to find this law so I can read it for myself.

Can someone help me?

Michelle

[msg]

You can still try to sue him in small claims yes.

But do I actually have a case, or does this law that says the insurance co is not liable also apply to the individual? I just don't want to sink in more money (and we were strongly advised to get a lawyer by the judge).

Yes you do and small claims does not cost virtually anything.