Hit-and-run by uninsured motorist, driver arrested, do I get money?

Question

My 2002 Honda Civic with 30000
miles was hit while parked in front of our
house in Wisconsin by an uninsured driver who was arrested for
"hit-and-run". The driver of course wasn't insured,
and the vehichle he drove wasn't his, but his friends.
My insurance deductible is $1000. I have to pay this
deductible as a result of him not having insurance.

The car is being repaired right now and the damage is
$4760. The insurance agent at American Family told me
that they'd go after that money in court. Am I
entitled to get my deductible back? I don't believe I
am because the guy is a deadbeat and also think the
cars resale value is diminished.

The same thing happened to my mother who was hit by an underage, unlicensed, and uninsured driver a few years ago and she never got the money back. Am I stuck paying the $1000?

Answer 1

sure you can sue him but hey if he cant afford insurance then you got a long battle ahead of you good luck

Answer 2

When you say he was driving his friend's vehicle, was he driving it with or without his friend's permission? This is very important because if he was driving it with his friend's permission, then you can sue the friend and their insurance. If the guy was driving it with his friend's permission, and neither the guy or the owner of the vehicle is insured, then at least you can sue the owner and the driver and hope for the best, but you will have to pay the deductible. If the bum was driving it without his friend's permission (and the guy was arrested for auto theft), then the best you can do is sue the bum and hope he has some assets somewhere, but you will have to cover the deductible.

Answer 3

Your insurance company can sue. You can sue. The court can put a lean on any assets he has and they can garnish wages. Does he have assets to go after? He could change jobs and you have to keep chasing the wage garnishment. If he is a dead beat and can't afford insurance, he'll probably drive without a license. GOOD LUCK. You could get stuck paying deductable and court cost.

Answer 4

If your collision coverage carries a "waiver" for uninsured motorists then you are not required to pay it. If your policy states your collision deductible is waived due to an uninsured motorist your deductible is waived. You need to 1) read your policy, the collision section + the exclusions, and 2) ask your insurance company.

Your insurance company will subrogate the owner of the vehicle and/or the driver (if they're 2 different people)...basically they're just gonna send him to collections. If you are required to pay your deductible, you'll get it back assuming the insurance company can collect.

Answer 5

My Son's car was legally parked on School campus while he was attending a class that lasted into the evening. The next morning he discovered that his car had been damaged by what appears to be the bumper of another vehicle. There was no note left and my son has no idea as to who might have caused the damage. It seems to me that the is an act of vandalism even if the offending person accidentally hit my Son's vehicle because his leaving the scene without leaving his identity is a criminal offense that resulted in property damage. I believe this is the type of damage that comprehensive coverage is intended to cover. What are your thoughts?

Answer 6

The short answer- YES.. you are stuck paying the deductible right now to get repairs.

The long answer... once your insurance pays out.. they want to get their money back.... (as well as your deductible). They will go after the owner of the vehicle PERSONALLY to recover the funds. If he doesnt have them right then and there.. they will attempt to set up a payment plan..... it could take years for them to recover all the funds and you will be the last one to see your deductible after they get all their money back. If he doesnt cooperate.. they will garnish his wages and get his license suspended... but you will likely not see the money anytime soon.

So.. unfortunately.. cough up the deductible.. dont count on getting it back anytime soon.. and you may get it awhile down the road

Answer 7

You are entitled to get your money back from the guy who hit you, but like you said, just because the courts order him to pay, doesn't mean that he has the money and will. If he is working then the courts may make a payment schedule for him to pay you back though.
Good luck with your law suit.

Answer 8

You can sue the dead-beat. The court will help you get the money. This happened to me and the dead-beat had to pay me $25.00 a month until the deductible was payed. Court cost included.

Answer 9

Yes you can get the money. You will have to take them to court and after you win the case you can garnish the persons wadges until they pay you off, if they don't work you can have a lean put on there stuff that they own like cars home motorcycle's.

Answer 10

The OWNER of the automobile which hit your car will be sued by YOUR INSURANCE (Yes, you need to get them involved since he doesn't have any).

Be clear on the following: It is not the insurance's responsability to collect your "deductible", only the damages, but if they can collect for your deductible as well, they will.

It happened to me back in March. They sued him and recovered my deductible as well.

Answer 11

in the first place with him being arrested could be a plus in your favor in that the court may order him to pay restitution before they will reinstate his license. You should be entitled to this money which may be something you will have to go to small claims court for if the state does not order such restitution. This will have to be your decision wheather or not to persue the matter in court. sorry to hear of your misfortune and good luck.