my deductible is $1000, (the damage estimate is $3700) but i don't think i should have to pay for that since it was her fault. she backed into me & the police gave her a ticket for driving without insurance.
2007-04-13 08:59:47 · 14 answers · asked by jacicat 3 in Politics & Government ➔ Law & Ethics
the other driver lives in kentucky & i live in pennsylvania so taking her to court would not be convenient
2007-04-20 03:33:32 · update #1
check with your insurance company. usually there will be a coverage called "uninsured motorists property damage" that will cover damage to your vehicle that was caused by someone without insurance.
2007-04-13 09:09:00 · answer #1 · answered by swatthefly 5 · 0⤊ 1⤋
All states have laws that require drivers to show proof of their financial ability to pay for personal injury or property damage to others in the event of an automobile accident. Most drivers satisfy this requirement by purchasing insurance, but many cannot afford, or ignore, this obligation. I am assuming that you have uninsured motorist coverage as does another person who has answered this question. Under Pennsylvania law, insurance companies are required to offer this coverage, 75 Consolidated Pennsylvania Statutes, § 1731.
You turn the matter over to YOUR insurance company and pay the $1,000 deductible. They basically pay for the repairs and go after the uninsured motorist for the amount of the damage.
You could also sue the other motorist. If you obtain a judgment against the person and the judgment is unsatisfied within 60 days, a copy of the judgment can be sent to the Bureau of Motor Vehicles, 17 C. P. S., § 1771. Section 1772 provides for the suspension of licenses for non-payment of the judgment. http://members.aol.com/StatutesPA/75PA1772.html
The suspension of license is continued until the judgment is paid. http://members.aol.com/StatutesPA/75PA1773.html
NOTE: check the laws of your state to see if they have something comparable.
We often have the problem of people both driving without licenses and driving without insurance causing accidents. For me, I do not want to have the expense and bother of suing somebody. Then the problem is trying to collect on a judgement. You will have fewer problems if you turn the whole matter over to your insurance company.
2007-04-13 09:28:04 · answer #2 · answered by Mark 7 · 0⤊ 1⤋
===>Casey, that is only true if the person has collision insurance, most policies don't have it, most have comprehensive which only covers damage to your vehicle in a non-accident related incident. Also at least IN NY, UM coverage only covers pain and suffering not property damage to a vehcile.
Swatthef===> Yes this is otherwise known as collision insurance in NY because in NY UM coverage does not include vehicle damage.
OMG!! glad youre ok. The most you can do is sue for the damage. The amount isnt that much, meaning if you win in court you can probably collect on it because the person probably has a job and even at 10 dollars an hour they can afford to pay that in a few paychecks. So go to court, get that judgment and have the sheriff enforce it or you can take it to a recovery agency who will charge you a fee but they will freeze the person's assets until you get the payment. If you were also injured during the accident and you are in NY you can go through your own insurance to collect UM coverage which is mandatory in every NY car insurance policy for a minimum of $25,000.00 . UM coverage acts as the other person's insurance in terms of liablity if you were injured and that person who hit you did not have insurance and you need coverage for your pain and suffering as a result of the accident. Also, If you were injured and have not already done so, you should make sure to notify your insurance as soon as possible so that you can file an application for no-fault benefits to get treated for injury and also sent your company a letter of intent to collect UM coverage under your policy for pain and suffering if you were injured. But yeah without the injuries... your best bet is just to sue the person to collect on the damages to your vehicle. Goodluck and check the laws of your state to ensure they are similiar or the same as the NY law I told you about.
2007-04-19 10:08:02 · answer #3 · answered by D 2 · 0⤊ 0⤋
That is the amount that you agreed to pay when you bought the insurance. Generally speaking, you give up you right to sue her if you put in a claim with your insurance company (the insurance company retains that right). If the insurance company sues her, wins and recovers the money for the damage, they will give you the money you paid for the deductible back.
If you don't want to pay that amount, you forgo putting a claim in for your insurance, and personally pursue the woman in court, and hope that she has money (or spend the next few years trying to collect) and get you car fixed with whatever you recover from her. Or, you could try to swing a deal with a body shop to do a "cheaper" job fixing your car and waive the deductible. This approach is not recommended because your car will be next to worthless after that.
Good luck!
2007-04-13 09:10:16 · answer #4 · answered by www.lvtrafficticketguy.com 5 · 0⤊ 0⤋
Your insurance is to take care of the person who hit you. Yes you have to pay the deductible but you will be reimbursed by the insurance co. Let the insurance co deal with her because that there job. Your job is to take the car and get it repaired. In California you have to have insurance for the uninsured.
2007-04-13 09:14:03 · answer #5 · answered by honeybunny 3 · 0⤊ 0⤋
Your insurance will pay & you will have to pay the $1000 deductible. Then you can sue her for the $1000 if you would like. You might want to find an insurance policy with a $250 or $500 deductible for next time. You may want to try a website that compares multiple companies at once to get you the best price. I am paying less than ½ after I did.
Go to: http://www.insureme.com/landing.aspx?Refby=616165&Type=auto
Take care,
Casey
2007-04-16 02:09:10 · answer #6 · answered by Anonymous · 0⤊ 2⤋
Civil court. Not having insurance just means she doesn't have a back up plan.
In the mean time, use your insurance company. They may sue her for the damages saving you the time.
2007-04-13 09:05:31 · answer #7 · answered by ? 5 · 1⤊ 0⤋
You can pay the deductible and then get the check from the insurance company.
You have uninsured motorist coverage right?
2007-04-13 09:04:19 · answer #8 · answered by Anonymous · 0⤊ 1⤋
In a project like yours, its tense to acknowledge what the terrific factor is to do. Are you pleased with your pastime? Do you have a very good courting with your boss? If its a rapid NO answer to those questions, and you extremely cant arise with the money for to pay for the wear your self, then take her to courtroom. this might ofcourse sever your paintings courting, and you will maximum possibly might desire to detect yet another pastime ( and not have the flexibility to apply her as a very good reference), yet its as much as you to confirm if its all truly worth it. curiously she isnt a super guy or woman standard, and she or he could be very pleased in case you DONT take her to courtroom because of the fact that she is driving wout coverage (that's unlawful). Shes already comitting a criminal offense there... so... clarify it to her.. that its for the two one among your reward in case you are able to merely deal w it. possibly she will pay it to you on a plan? (couple of hundred greater desirable on your paycheck) till its paid off?
2016-12-20 14:01:21 · answer #9 · answered by ? 4 · 0⤊ 0⤋
Probably have to sue her unless your insurance has uninsured motorist coverage and then you can try and sue for the deductable; but if she hasn't any insurance, odds are you are wasting your time and money
2007-04-13 09:04:09 · answer #10 · answered by wizjp 7 · 0⤊ 1⤋