I bought a new car 2 weeks ago and i had full insurance. After 2 weeks later somebody hit my car. she was at fault and i have 14k damage and lady said to cops that she insured from progressive but when i called the insurance company to claim i saw that she does not have insurance. i have to pay 2,000 dollars deductuble to my insurance company to fix my car. but my question what can i do in this situation? how can i get my money that i am gonna pay for deductuble? because it was not my fault at all and i dont want to pay that deductuble. can i sue them ? if i sue them what can be happen ? if someone can help me i will be appreciate thank you so much
2007-03-12 10:29:07 · 9 answers · asked by LEVENT K 1 in Cars & Transportation ➔ Insurance & Registration
There is no way your going to go through her in a timely manner if she doesnt have insurance. your ONLY solution here is to go through your insurance and then they will go after her personally to get your money and their money back.
Why would someone tell you to hire a lawyer? What on earth will a lawyer do in this situation besides take your money? A lawyer can magically get this lady who doesnt even have enough money to have insurance to pay your damages. Let your insurance do the work- thats what you pay them for.
2007-03-12 12:48:55 · answer #1 · answered by Anonymous · 2⤊ 0⤋
Yes you can sue her, but your chances of every seeing a penny are going to be slim. If she can't even make an Insurance payment she most likely will not be able to come up with $2K
Something you might want to check out with your State is if they offer some sort of recourse against uninsured drivers. In the State of Texas I know you do. Here in Texas we can contact the main drives license office in Austin and explain what happened. They will send us an affidavit and a form to fill out that will effectively suspend that uninsured persons drivers license till they provide the State with proof of financial responsibility and in some cases pay restitution. But this is a long process in itself. For you it might be worth checking out.
Anyway, that's about all I know to do other than work closely with your insurance company. But there is no way around your deductible.
2007-03-12 10:42:11 · answer #2 · answered by deanspurrier 3 · 0⤊ 0⤋
Yes you can take them to court and sue for the amount of the deductable... however, be prepared as they may not pay up... which could lead to many more trips to the court house to have wages garnished etc....
I see it as 2 choices here, sue and hope they pay.. or let it go... I have been in 2 instances where I was hit by uninsured drivers, neither have EVER paid me what they owed... it was far more work to even attempt to get the money than it was to cut my losses and walk away.
2007-03-12 10:39:10 · answer #3 · answered by gin_in_mi 4 · 0⤊ 0⤋
I've been there, the person at fault had no insurance and to top it off was drunk!!! I had to go through my insurance since he didn't have any. They later requested information regarding the accident including any medical bills so that they could file a lawsuit against him. You might want to ask you insurance people what you should do. But I think that would be your best bet would be to file a lawsuit. Unfortunately i think you'll have to pay the deductible until that gets settled.
2007-03-12 10:37:45 · answer #4 · answered by Luis 2 · 0⤊ 0⤋
Deductible is a comfort level. You never carry a higher deductible on your property than you can live with. It is nice to have the lower rate, but when you have this type of claim, you have to be able to come up with the deductible. You can definitely sue the person, but remember your insurance company is going to be suing them for the rest of the claim as well.
2007-03-12 14:42:03 · answer #5 · answered by Fred C 7 · 1⤊ 0⤋
You take her to court and sue her for the money you have to pay out plus and work wages you miss while your car is in the shop and when you go to court.
2007-03-12 11:25:26 · answer #6 · answered by shaydzofluv 2 · 0⤊ 0⤋
You can sue the driver but not Progressive.
2007-03-12 12:54:42 · answer #7 · answered by Anonymous · 0⤊ 0⤋
I would definately contact a lawyer. You shouldn't be out that $2000.
But it will take almost forever before you get anywhere with it.
2007-03-12 10:36:43 · answer #8 · answered by Anonymous · 0⤊ 2⤋
You can go after her for the deductible.
2007-03-12 10:34:43 · answer #9 · answered by ? 6 · 0⤊ 0⤋