I was in a vehicle accident, it was the other drivers fault but she does not have insurance what can I do???

Question

my insurance company says they cant do anything to help me

Answer 1

OK...This same thing happened to me. If you have "Uninsured Motorist" on your policy, they can cover you. This is the process...

You have your car fixed (replaced, whatever)Your Insurance Pays For It. (If You Have Uninsured/Underinsured Motorist Coverage, which is pretty much a standard in the insurance industry anymore.)

You pay the deductable

It is charged on your insurance

Your insurance in turn will seek legal action against person at fault

If they have to...They will garnish his or her wages.

The first money they get from him or her will go to you to cover your Deductable that you paid out of pocket

After your deductable is covered, whatever they take them to court for, the insurance company gets.

In turn...You Premium will not increase because because it will show as "Uninsured"

If you have any more questions...feel free to send me a message!

BTW...What insurance Company Do You Have?

Answer 2

I am assuming that you do not have collision insurance on your vehicle. If you do, your insurance company will take care of the damage to your car and they will go after her for reimbursement.

Sincey you probably don't have collision insurance, the first thing I would do is to get her to sign a statement that says she will take financial responsibility for the accident she caused. I would scare her and tell her that she can be arrested and her drivers license revoked if you send the police over. Just get the signature!

The next thing is to get her to agree to a repayment plan. I would get every bit of information you can. Her employer, all of her phone numbers, married, husbands job, current address, past address, family members, etc. This is just in case she decides to skip. I would also ask if she can get a loan from somebody to pay for the repair of your car.

You do not want to let her payment plan go for over 6 months if possible. 1 year is the maximum! The reason is that you may not be able to take her to court if you don't sue her within' one year of the accident. If she misses a payment, show up at her work or on her doorstep and demand payment. If she doesn't pay, its time to take her to court.

It stinks being a tough guy, but its not your fault an irresponsible girl damaged your property.

Good luck!

Greg

Answer 3

you may record a declare against your individual Collision coverage. despite if, your coverage company does have the main appropriate to take your motor vehicle no count if it incredibly is asserted an entire loss. it seems you have an extremely severe interest mortgage. that may not the at fault drivers accountability. Do you by threat have hollow coverage? in case you are able to not comply with a freelance quantity inclusive of your coverage company, maximum coverage have an arbitration clause below the final provisions which permits you and the coverage company to hire a third occasion mediator who will make certain the value of the motor vehicle. it incredibly is binding. you're able to get the motor vehicle repaired for decrease than $6k, in case you employ recondition components. generally, in case you hold the motor vehicle, you're turning out to be decrease than if the coverage company takes the motor vehicle. They subtract the salvage value from the ACV. i think of your numbers are reversed.

Answer 4

You can sue her for damages etc, but if she doesn't have insurance, then she probably won't have any money to sue for. I don't know what state you live in, but some states will allow you to put a lien on peoples houses or other personal property. Also, you may want to check and see if she is working, so that in the event that you sue her and win, you can garnishe her wages, or maybe even get paid out of a state tax refund.

Answer 5

If your insurance says they can't do anything, then I am assuming that you weren't injured, you had liability coverage only, and did not have uninsured motorist property damage coverage (UMPD).

If that's the case, then the only thing you can do is hire a lawyer and try to get money out of her to pay for your cars damages. But, it would probably be cheaper to just fix the car yourself since you will probably not get anything out of someone who can't afford insurance.

Answer 6

Uninsured motoris insurance on your policy will cover you IF you have that. What the insurance company will then do is go into subrogation with the uninsured to get money from them, such as court if need be. They become the mediator for you.

Answer 7

What type of insurance do you have Your insurance company if you have full insurance should cover the damage to your car if not you will have to go to small claims court..

Answer 8

If all you have is liability coverage, or don't carry uninsured/underinsured motorist coverage, and you aren't in a no-fault jurisdiction, all you can do is sue. She may not have insurance, but she may have assets that can be seized to cover damages. Unfortunately, there are those that don't believe in insurance, and they cost us all. We used to have an uninsured motorist fund when I learned to drive, to help in events like this, but those don't seem to exist any more.

Answer 9

You are screwed take her to court and have her ordered to pay damages in most states it is Illegal to drive without insurance. If she takes off and you cannot find her that sucks too and you will have to eat the damages. Sorry and good luck.

Answer 10

Your insurer can't help you go after her....but you can still go after her.
In fact, your insurer will go after her if they pay you to fix your car under one of two scenarios.
If you have uninsured/underinsured (UI/UM) motorist coverage, your insurer pays YOU for damage to your car.
If you have collision coverage, your insurer will pay to fix your car.
If either of those two coverages pays out and it was not your fault, but somebody else's. That somebody else will get sued by your insurer to pay them back.