Bystander in shooting says claim to fix bullet holes in SUV denied

A deadly police shooting four months ago still has an innocent bystander trying to recover.

Erica Montes wasn't shot, but her car was, and it still has bullet holes.

Police say 22-year-old Davis Thomas stole a car in Highland Village in November 2014, ditched it at a Lewisville restaurant and then took off in another car.

Thomas eventually ran to a RaceTrac parking lot with a shotgun and tried to steal Montes' car.

When police showed up, Thomas shot at an officer, who returned fire and killed him.

Four stray bullets hit Montes' SUV, causing more than $2,000 in damage.

Lewisville police told Montes to file a claim for the damage with the department's insurer, Texas Municipal League. However, it was denied because Montes was told it wasn't the department's fault.

Montes says TML told her to file a claim with her insurance company, but since her 2002 SUV is already paid off, Montes only has liability insurance on it, so she can't.

Montes can appeal TML's decision, but she was told unless there's new information, it'll likely just get denied again, so she still needs to come up with the $2,000 she doesn't have.

FOX 4's calls to TML for comment were not returned.

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