I had to go through my own insurance company to get the damages taken care of since the driver tried to take off before the police apprehended him. Between deductibles and rental car costs alone I have had to pay over $1000! Parts of it I've submitted to the County DA for restitution. However, if this doesn't suceed, what legal course of action can I take?
2007-12-17 09:59:18 · 19 answers · asked by Black_19 2 in Cars & Transportation ➔ Insurance & Registration
Your insurance company should be able to collect from his insurance company, and you can also try hiring a lawyer and suing for damages above and beyond those that your insurance covered (your deductible and other out-of-pocket expenses.)
2007-12-17 10:02:57 · answer #1 · answered by Becka Gal 5 · 1⤊ 0⤋
1st of all, contact a lawyer or a few to find someone to handle your case. Very important in this situation. I was hit by a drunk driver back in 2002. If it wasn't for having a lawyer to represent me, I would still be paying on $35thousand of medical bills. There is no reason why you should be paying anything right now. If you have a police report and they have the information regarding the drunk driver's name and insurance information, your best bet is to let a lawyer take care of everything for you. They will not charge you unless you actually get a settlement out of this (anyways they shouldn't). You may be intitled to alot more than you realize, especially if you were injured in the accident. At times I wish I would have had a better lawyer, but there wasn't really much more that could have been done in my situation as far as actually suing the man the hit me (his mommy was a circuit judge in the county I live in. My lawyer informed me that if I was to actually try and sue him that he would file bancrupcy and I would end up with nothing.) As far as working with my insurance co. and the man's insurance company though, he was really good. Even if you don't actually hire a lawyer, you should atleast be able to go to a few and have a free consaltation and they can tell you what all they can do for you to see if they will be of any help. you may even want to find out if they can give you any legal advice for free or what they would charge you. Definitly though, do just let this person get away with nothing. There are way too many of these idiots out there, and I could careless if they all get jail time for a really long time and get their license taken a way for even longer. With my accident I think I got the biggest part of the punishment, but that is because the court systems are screwed up and instead of punishing these people, they just slap them on the wrist and they don't learn a thing. Good Luck and I hope that you get what you deserve out of this. I don't know what religion you are if any, but if you are a Christian, put it in God's hands.
2007-12-18 17:37:25 · answer #2 · answered by flowerchic 2 · 0⤊ 0⤋
Don't worry, since the insurance company (yours) is out money for repairs, they will be going after the person at fault to collect. They will collect what is owed them, and also what you are owed.
You can, of course, sue through small claims court, but collecting it not the easiest job unless you know of some asset this person has that can be siezed and sold.
2007-12-17 10:21:12 · answer #3 · answered by oklatom 7 · 0⤊ 0⤋
what are the chances that the drunk driver had insurance?
I would put this at less than 25%.
So you're saying that I I try to take off, My insurance wouldn't cover the other driver?? Come on, of course they would.
You are probably screwed.
2007-12-17 10:04:25 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Your insurance company is going to try to chase this down. YOu don't have any other legal options - you've transferred all your options to YOUR insurance company (subrogation) when you put the claim in under your policy.
Likely, though, they're not going to get reimbursement. If they do, they'll ALSO get reimbursement for your out of pocket expenses, and send them to you. It usually takes six to eight months.
2007-12-18 02:48:31 · answer #5 · answered by Anonymous 7 · 0⤊ 0⤋
get a lawyer, they love that stuff!
ARGH you can always sue in small claims court. As well as you should, you'll definitely recover your deductible. But you should sue for damages as well! You don't need a lawyer for the small claims court. Keep receipts of everything you pay out of pocket!
good luck! ~V.
2007-12-17 10:02:36 · answer #6 · answered by Anonymous · 0⤊ 0⤋
You can file a civil suit against the driver in small claims court.
2007-12-18 01:50:24 · answer #7 · answered by Anonymous · 0⤊ 0⤋
You have to sue the driver that hit your vehicle, and if he has, or had, insurance, his insurance pays. But if no insurance, then you are pay the legal expenses to sue him and hope the guy can pay.
2007-12-17 10:02:51 · answer #8 · answered by rex_rrracefab 6 · 0⤊ 0⤋
It really depends on your state. Contact the state insurance agency and see if you can sue in small claims court. The court could also tell you.
2007-12-17 10:01:52 · answer #9 · answered by Anna P 7 · 0⤊ 1⤋
There is the new "5 minutes with a Crow Bar" law that was just put on the books.
You get 5 min, one crowbar and as much damage as you can do to their car.
Sounds fun, doesnt it? lol
2007-12-17 10:02:16 · answer #10 · answered by Anonymous · 0⤊ 1⤋