A driver hit my car, borrowing a utility vehicle from a company. I know who this person is. He lived here temporarily and he moves around a lot. I don't even think he would show up in court.
The company isn't paying because their company name is not on the police report and they can't find him. The vehicle was borrowed
2007-03-15 09:06:36 · 16 answers · asked by texas_bcd 2 in Politics & Government ➔ Law & Ethics
My car is too old to have full coverage or uninsured motorist. My insurance won't pay it and the company, the police are giving me the run around.
I can cover the cost of damage over time. What upsets me most is that no one (police, company, company's insurance, the driver) is taking responsibility.
I know this guy will eventually get his own. He's major trouble.
2007-03-15 09:23:14 · update #1
You should let your insurance company handle the accident
2007-03-15 09:08:56 · answer #1 · answered by LGT 3 · 2⤊ 0⤋
Since you want money, what's the purpose of suing someone that can/will never pay anything. People sue big companies with "deep pockets."
You can sue him and get a judgment but that doesn't mean you get any money. You will have a hard time collecting from someone what has no money.
Look at OJ Simpson. He has a $30 million judgment against him and the Goldman family can't get anything because Simpson's assets are protected. They can't collect.
Contact YOUR insurance company. It is their job to help you and that's what you pay for in your premiums. Personally, we have been rear-ended twice in the past year. State Farm went after the other companies to get reimbursed for the damages. They took care of our needs.
I'm sorry that you are having this problem!
2007-03-15 09:14:43 · answer #2 · answered by ? 4 · 0⤊ 0⤋
You never sue someone who has no money. Sue the company that loaned the vehicle. As long as you sue for a reasonable amount (e.g. repairs, time lost, etc.) most companies will settle rather than go to court.
However, if you take a reasonable approach you may have a hard time finding a lawyer that will take the case.
2007-03-15 09:14:03 · answer #3 · answered by ML 5 · 0⤊ 0⤋
even though the company name is not on the police report their vehicle is, and probably with their license plate number. i would ask an attorney. years ago i was in a hit and run where they refused to pay because the driver did not have permission to use their vehicle. my agent forced the issue and said in order to defend their stance they would have to press charges against the driver saying he stole the vehicle because he did not have permission to drive it. my insurance agent told me they would pay for my car then they would go after the other partys insurance. my rate did not go up. i would still think they are liable. my personal opinion is they did not have this driver listed on their insurance, even though he had keys to the vehicle. they probably fear being sued.
2007-03-15 09:13:36 · answer #4 · answered by misse 3 · 2⤊ 0⤋
If you DO sue, you would probably just be paying more of your money to do so. In all likelihood you won't be able to get much out of him, if anything at all.....except maybe a "judgment" against him. You can't get blood out of a turnip. It just seems to me like the company that loaned him the vehicle would be at fault, since it WAS their vehicle. Or their insurance company at the least.
2007-03-15 09:33:30 · answer #5 · answered by kj 7 · 0⤊ 0⤋
Whoever owns the car is responsible for whoever drives that car. You don't say how much damage, but you can represent yourself in small claims court if nothing else. I would talk to the company one more time, threaten a lawsuit. A lawyer will want money upfront for this kind of case.
2007-03-15 09:13:20 · answer #6 · answered by Anonymous · 0⤊ 0⤋
I think the company still has to be involved because they were the ones that he borrowed it from. When someone borrows a personal car from someone else and they get into an accident, their name may not be on the ticket but they are still responsible for the car.
Time to (and I hate telling you this) get a (cough cough) lawyer.
2007-03-15 09:13:54 · answer #7 · answered by Kevin A 6 · 0⤊ 0⤋
I assume the police report has the license number of the car that hit you. You need to find out who's name is in that car/ who is insured. It is their car and their responsibility.
The company is most likely named in the ownership. Go after them - it is their responsbility.
2007-03-15 09:11:01 · answer #8 · answered by Anonymous · 3⤊ 0⤋
If he did damage that was extreme yes....but if insurance will cover it or you only have to pay a little bit, then no, don't waste your time....suing is a gamble, you can barely make any money back after court fees!
2007-03-15 09:10:36 · answer #9 · answered by rcvhoya 2 · 0⤊ 0⤋
just because the company says they wont pay doesnt mean you cant take them to court. Show pictures from the accident to prove it was their vehicle involved. Supoena their repair records to prove they fixed damage to that vehicle
2007-03-15 09:09:53 · answer #10 · answered by Shredded Cottage Cheese 6 · 2⤊ 0⤋