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Car accident. Other driver had no insurance.

GraydeathGraydeath Registered User
edited March 2008 in Help / Advice Forum
Yesterday I was involved in a 3 car collision (I was the middle car).

Heres how it went down. We were coming up to a light it went yellow and the guy in front of me slammed his brakes and stopped at the red. I hit my brakes and came to a complete stop probably about 2 feet behind him. The guy behind me wasn't paying attention and hit me in the rear doing 30-40mph approx which slammed me into the guy in front of me. So we get the cops out and it turns out that the kid who hit me was driving on a suspended license with no insurance. They handcuff him up and I figured they would take him down and impound the car or something. Then while I'm on the phone with my insurance I see them let him go and then after they drive off he gets back in his car which was still drivable and drove off.

My car is old and crappy I payed 2000 cash for it about a year and a half ago so I only had the lowest insurance I could which means that my car is not covered for something like this since the other guy does not have insurance. The police said that basically I didn't have much in the way of options outside of working some kind of payment out with him or taking him to small claims court. This kid looked pretty young I would guess 18ish may have been 17 I don't really know.

Basically what I'm trying to figure out is what to do here. The car runs but the frame is pushed into the tire so I can't drive it. At this point its probably going to be more economical to just buy a new car. I was planning to buy a new car anyways. I really have no idea how to go about taking this guy to small claims. I am planning and calling him this afternoon to see if he wants to work something out between us but I really doubt he will. So am I pretty much screwed or is there anything I can do here?

The other thing I am worried about is that since the guy at fault didn't have insurance I am scared that the guy that I hit will say it was my fault just so that he won't have to deal with the hassle of the whole "no insurance" thing. When we first got out of our cars I talked with him first and told him the other guy pushed me into him and he said "yeah I saw its not your fault" but really there isn't anything to keep him from changing his story when he talks with the insurance companies.

As for the police letting the guy go and drive his car home (the no insurance guy) is this a normal thing to do or should I be calling the police station to see what the whole deal is here.

Just looking for any kind of advice you guys can give. Thanks!

TL;DR got in a car accident, not my fault, guy didn't have insurance how do I go about getting money for my car and how do I keep myself from getting screwed by the other guy?

Graydeath on

Posts

  • GiantRoboGiantRobo Registered User
    edited March 2008
    He hit you from behind, it's his fault. You managed to stop, but he didn't. The police should have it on record that he didn't have a license. Also, did they take statements from all three of you?

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  • SarcastroSarcastro Registered User regular
    edited March 2008
    Small claims, or at least bone up on it enough to be able to do it. Its really no big deal, I'm not sure if you even need a lawyer. If the kid is a minor, his parents are financially responsible for the claim, so there's that route.

    What you do need though is a damage and replacement estimate - maybe your iunsurance company will send out an adjustor for you - so you have a defined amount of money you are seeking. If you can work something out, sweet.

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  • The SnertThe Snert Registered User regular
    edited March 2008
    Freaky, the same thing happened to me (middle car, 3 car collision) yesterday, except that the guy who hit me.. ran off. Not to derail, but I didn't want to start a new thread since this one is so similar to my own problem. What happens when the guy at fault just bails on the scene?

  • amateurhouramateurhour Registered User regular
    edited March 2008
    Did the police report show the driver without insurance and a suspended licence to be at fault? As long as it did, I don't see how the guy in front could blame you, but I don't know.

    Also, did you ask why the kid behind you wasn't arrested? Because if not, you should really find that out.

    edit for snert: Take witness reports if you can (if you didn't, too late now), check with the city about any traffic cameras in the area, and possibly post a reward for information (although, since it's a crime, I know the police do this as well, at least in my city they do) relating to the offense.

    Past that, there really isn't much you can do. Good luck though.

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  • GraydeathGraydeath Registered User
    edited March 2008
    Well the police didn't give me any actual report. They gave me an incident number and copies of each of the other drivers information. I assume they have all the information but just didn't give us copies. They took statements from us but it didn't really seem as formal as some of the statements I've had to give in the past. They basically just asked each of us what happened and that was it.

    I guess I will call the police today and find out why he wasn't arrested and also possibly ask if he was a minor so that I will know if I should be dealing with him or his parents.

    I will get a couple estimates if I can before I call to work something out with him so I know what kind of amount I'm looking at. Like I said though the car isn't worth a whole lot so I don't know if an estimate will really help much since I would rather just get a new car at this point. What makes a car "totaled"? Is it just when the repairs on a car total more than its worth or what?

    Thanks for the responses guys.

  • VThornheartVThornheart Registered User regular
    edited March 2008
    The Snert wrote: »
    Freaky, the same thing happened to me (middle car, 3 car collision) yesterday, except that the guy who hit me.. ran off. Not to derail, but I didn't want to start a new thread since this one is so similar to my own problem. What happens when the guy at fault just bails on the scene?

    Go ahead and start a new thread: your issue (him bailing) is entirely different, because at the moment you have no one to sue.

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  • ThanatosThanatos Registered User regular
    edited March 2008
    Okay, a couple of things: You absolutely do not need a lawyer for small claims court. This would be an open-and-shut case, so if you can't settle things with the dude, this is a very easy way to get it taken care of (though somewhat time-consuming). If you're lucky, the kid is a minor. If he's not, you may be screwed; odds are, someone driving on a suspended license has few assets, which means even if you sue him, there's probably nothing for him to pay you with. If he's a minor, you can sue his parents, who will usually have more assets.

    Legally speaking, there's the distinct possibility that hitting the guy in front of you may be your fault. That's frequently how multiple-car collisions are handled. It's not fair, and speaking in a logical, reasonable fashion, there's no way it was your fault, but them's the breaks.

    Have you called your insurance agency, yet? If not, do it post-haste, assuming the damage to the guy in front of you was significant. They do not appreciate hearing about accidents you've been in from other agencies, or other people involved in them. They can also tell you whether or not it was your fault that you hit the guy in front of you.

    A car is totalled when the the cost of repairs exceeds the value of the vehicle. If your car has a bent frame, and cost you a couple thousand bucks, it's pretty much guaranteed to be totalled. You are still owed the value of the car, minus the salvage value. And really, you only need one estimate.

  • -Phil--Phil- Registered User
    edited March 2008
    The Snert wrote: »
    Freaky, the same thing happened to me (middle car, 3 car collision) yesterday, except that the guy who hit me.. ran off. Not to derail, but I didn't want to start a new thread since this one is so similar to my own problem. What happens when the guy at fault just bails on the scene?

    Was the car that hit you a stolen vehicle?
    If so, you might be out of luck. It is possible that the owners insurance might cover it.
    If not, you could possibly take civil action on the owner of the vehicle.

    Did you get a good look at the driver?
    If the car was not stolen, and you got a good look at the driver, it is possible the police might find the driver and you can ID him then take civil action.

    Depending on your state and coverage, your insurance might need to cover it.

    [SIGPIC][/SIGPIC]
  • -Phil--Phil- Registered User
    edited March 2008
    Graydeath wrote: »
    Well the police didn't give me any actual report. They gave me an incident number and copies of each of the other drivers information. I assume they have all the information but just didn't give us copies. They took statements from us but it didn't really seem as formal as some of the statements I've had to give in the past. They basically just asked each of us what happened and that was it.

    I guess I will call the police today and find out why he wasn't arrested and also possibly ask if he was a minor so that I will know if I should be dealing with him or his parents.

    I will get a couple estimates if I can before I call to work something out with him so I know what kind of amount I'm looking at. Like I said though the car isn't worth a whole lot so I don't know if an estimate will really help much since I would rather just get a new car at this point. What makes a car "totaled"? Is it just when the repairs on a car total more than its worth or what?

    Thanks for the responses guys.

    When minor or non-criminal crashes occur without injuries or fatalities, accident investigations are based off of physical evidence. By this I mean position of vehicles, skid marks, direction of travel, traffic control devices in the area, etc. No "real" statements are taken since crashes tend to be a civil matter instead criminal and its done just to verify physical information.

    In Florida, and im sure most states, law requires an exchange of information (which was given to you), not an actual report (at the time of the incident).

    On the other driver getting arrested, perhaps the other driver just didnt his license with him. Officer possibly checked recored and verified that he did have one. However, if it truly was suspended, he should have been taken (Definetely not allowed to drive off). As for insurance, if the driver did not have proof of insurance, he should have been cited. When your cited, you are required to go to court and show proof of valid insurance. If you dont, your license can be suspended for financial responsibility.

    I think if Repair Cost > Current Value of Vehicle = Total Loss
    I think there is a premium for the company to insure the vehicle for purchase price.

    [SIGPIC][/SIGPIC]
  • GraydeathGraydeath Registered User
    edited March 2008
    Thanatos wrote: »
    Legally speaking, there's the distinct possibility that hitting the guy in front of you may be your fault. That's frequently how multiple-car collisions are handled. It's not fair, and speaking in a logical, reasonable fashion, there's no way it was your fault, but them's the breaks.

    Have you called your insurance agency, yet? If not, do it post-haste, assuming the damage to the guy in front of you was significant. They do not appreciate hearing about accidents you've been in from other agencies, or other people involved in them. They can also tell you whether or not it was your fault that you hit the guy in front of you.



    Yes after I dealt with the police the first thing I did was call my insurance company and let them know. They gave me a claim number and contact name for who I could deal with but really didn't tell me much beyond that other than they would begin processing it and to expect a call. The guy in front of me really didn't have that much damage to his car since I had my brakes on pretty good I didn't hit him all that hard. However, he was driving a brand new 08 Rav-4 so I assume his costs will be fairly high to repair. If my insurance ends up paying him for his repairs will that make my insurance costs go up and will this count as a point on my license (I live in California)? I will ask the police when I call them and find out if this will count against my license.

  • -Phil--Phil- Registered User
    edited March 2008
    Graydeath wrote: »
    Thanatos wrote: »
    Legally speaking, there's the distinct possibility that hitting the guy in front of you may be your fault. That's frequently how multiple-car collisions are handled. It's not fair, and speaking in a logical, reasonable fashion, there's no way it was your fault, but them's the breaks.

    Have you called your insurance agency, yet? If not, do it post-haste, assuming the damage to the guy in front of you was significant. They do not appreciate hearing about accidents you've been in from other agencies, or other people involved in them. They can also tell you whether or not it was your fault that you hit the guy in front of you.



    Yes after I dealt with the police the first thing I did was call my insurance company and let them know. They gave me a claim number and contact name for who I could deal with but really didn't tell me much beyond that other than they would begin processing it and to expect a call. The guy in front of me really didn't have that much damage to his car since I had my brakes on pretty good I didn't hit him all that hard. However, he was driving a brand new 08 Rav-4 so I assume his costs will be fairly high to repair. If my insurance ends up paying him for his repairs will that make my insurance costs go up and will this count as a point on my license (I live in California)? I will ask the police when I call them and find out if this will count against my license.

    If you were stopped a good distance and had your breaks pressed you probably left skid marks between your vehicle and the one in front of you. This shows that you made the effort to prevent crashing into front vehicle. If possible, I would go take pictures if there are skid marks.

    Pro Tip - ALWAYS have a disposable camera (camera phone) in your glove compartment incase an incident like this happens.

    [SIGPIC][/SIGPIC]
  • ThanatosThanatos Registered User regular
    edited March 2008
    Graydeath wrote: »
    Thanatos wrote: »
    Legally speaking, there's the distinct possibility that hitting the guy in front of you may be your fault. That's frequently how multiple-car collisions are handled. It's not fair, and speaking in a logical, reasonable fashion, there's no way it was your fault, but them's the breaks.

    Have you called your insurance agency, yet? If not, do it post-haste, assuming the damage to the guy in front of you was significant. They do not appreciate hearing about accidents you've been in from other agencies, or other people involved in them. They can also tell you whether or not it was your fault that you hit the guy in front of you.
    Yes after I dealt with the police the first thing I did was call my insurance company and let them know. They gave me a claim number and contact name for who I could deal with but really didn't tell me much beyond that other than they would begin processing it and to expect a call. The guy in front of me really didn't have that much damage to his car since I had my brakes on pretty good I didn't hit him all that hard. However, he was driving a brand new 08 Rav-4 so I assume his costs will be fairly high to repair. If my insurance ends up paying him for his repairs will that make my insurance costs go up and will this count as a point on my license (I live in California)? I will ask the police when I call them and find out if this will count against my license.
    If it's determined to be your fault, your insurance will have to pay for it, and your insurance premiums will go up substantially, assuming you had a clean record before this. And yes, you may get points on your license (probably not, though, since I doubt they'll cite you), but that doesn't really matter unless you have a really bad habit of getting tickets or getting in accidents.

  • MattDanteMattDante Registered User
    edited March 2008
    Thanatos wrote: »
    Graydeath wrote: »
    Thanatos wrote: »
    Legally speaking, there's the distinct possibility that hitting the guy in front of you may be your fault. That's frequently how multiple-car collisions are handled. It's not fair, and speaking in a logical, reasonable fashion, there's no way it was your fault, but them's the breaks.

    Have you called your insurance agency, yet? If not, do it post-haste, assuming the damage to the guy in front of you was significant. They do not appreciate hearing about accidents you've been in from other agencies, or other people involved in them. They can also tell you whether or not it was your fault that you hit the guy in front of you.
    Yes after I dealt with the police the first thing I did was call my insurance company and let them know. They gave me a claim number and contact name for who I could deal with but really didn't tell me much beyond that other than they would begin processing it and to expect a call. The guy in front of me really didn't have that much damage to his car since I had my brakes on pretty good I didn't hit him all that hard. However, he was driving a brand new 08 Rav-4 so I assume his costs will be fairly high to repair. If my insurance ends up paying him for his repairs will that make my insurance costs go up and will this count as a point on my license (I live in California)? I will ask the police when I call them and find out if this will count against my license.
    If it's determined to be your fault, your insurance will have to pay for it, and your insurance premiums will go up substantially, assuming you had a clean record before this. And yes, you may get points on your license (probably not, though, since I doubt they'll cite you), but that doesn't really matter unless you have a really bad habit of getting tickets or getting in accidents.

    He won't be deemed "at fault" for the accident, but his insurance company will be paying for the damages done to the car in front of him. Here is how it is going to work.

    Each collision, regardless of how your vehicle was forced to collide with another, is dealt as a claim between those two vehicles. Your insurance company is going to be working on 2 claims from this accident. One is dealing with the car you were pushed into. Like I mentioned, even though you stopped and were pushed into the other car, the collision was between you two so your insurance deals with him first.

    At the same time your insurance company will be going after the guy who hit you and pushed you into the other car. BUT, they are not only going after the damages done to your car, but also whatever money they had to pay to the insurance company of the guy you were forced into. At State Farm these claims are called "Sister Claims" and they happen a lot more than you think they would.

    Now, as for the uninsured motorist, thank the maker that you actually got an ID on them and they didn't take off, unlike the other unfortunate fella here. Your insurance company will go after him directly (or his parents if he is a minor) to recoup their bills.

    If your insurance company is remotely decent, they will not raise your premiums. Some of the mom and pop places will raise premiums if a bug shits on your windshield, but others know when things aren't your fault.

    As for your car, it is pretty much guarenteed to be a total loss. Most insurance companies don't even use a marker of 100% repair cost = car's current value = total loss. State Farm used a marker of about 80%, and most others use similar. So resign yourself to the near certainty that your car is gone for good.

    Best of luck with everything.

  • DalbozDalboz Resident Puppy Eater Right behind you...Registered User regular
    edited March 2008
    I was in a similar incident recently. First, the guy behind you should be 100 percent at fault, it was not fault of yours, and should say so on all reports. Secondly, keep your mouth shut and call a lawyer. Seriously, I can't emphasize this enough. Dont' try to handle it on your own. The more you talk and try to deal with stuff yourself, the more room you give for them to twist things around. Call a lawyer and don't say anything to anyone else. Let the lawyer handle it. It's what they do.

  • ThanatosThanatos Registered User regular
    edited March 2008
    Dalboz wrote: »
    I was in a similar incident recently. First, the guy behind you should be 100 percent at fault, it was not fault of yours, and should say so on all reports. Secondly, keep your mouth shut and call a lawyer. Seriously, I can't emphasize this enough. Dont' try to handle it on your own. The more you talk and try to deal with stuff yourself, the more room you give for them to twist things around. Call a lawyer and don't say anything to anyone else. Let the lawyer handle it. It's what they do.
    There is no way in hell you should need a lawyer for this. A lawyer will end up costing you way more than you'd ever get out of a $2000 car.

  • MushiwulfMushiwulf Registered User regular
    edited March 2008
    I would say, let your insurance company handle it, it is what they do. At this point a lawyer is going to be a waste of time. If it ends up in small claims, you will have to represent yourself anyway. Your insurance company will keep you updated on the progress. In fact, they are the only people you should be dealing with at this point.

  • ThanatosThanatos Registered User regular
    edited March 2008
    I'm gonna guess that, as a fellow beater-driver, you didn't have underinsured/uninsured property coverage on your car, right, Graydeath?

  • EverywhereasignEverywhereasign Registered User
    edited March 2008
    Interesting, round about these parts we have "no fault" insurance, and it's the law. I got smucked from behind and I went to my insurance company. I dealt with them, and them only to get the car repaired. I gave them all the other person's details and the police report information. My insurance company then goes after him (or his insurance) to recoup the damage cost.

    I'm guessing that this is not the situation in the US? Do you need to pay extra for special coverage in the case on non-insured drivers? If so, I agree that small claims is the place to go, no lawyer needed, it's just like those daytime court shows expect with a lower sass factor.

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  • ThanatosThanatos Registered User regular
    edited March 2008
    Interesting, round about these parts we have "no fault" insurance, and it's the law. I got smucked from behind and I went to my insurance company. I dealt with them, and them only to get the car repaired. I gave them all the other person's details and the police report information. My insurance company then goes after him (or his insurance) to recoup the damage cost.

    I'm guessing that this is not the situation in the US? Do you need to pay extra for special coverage in the case on non-insured drivers? If so, I agree that small claims is the place to go, no lawyer needed, it's just like those daytime court shows expect with a lower sass factor.
    There are a bunch of state with no-fault insurance laws. You need to pay extra for coverage in case of non-insured drivers in states where it's not no-fault (most no-fault states are states with severe winter weather).

  • DalbozDalboz Resident Puppy Eater Right behind you...Registered User regular
    edited March 2008
    Thanatos wrote: »
    Dalboz wrote: »
    I was in a similar incident recently. First, the guy behind you should be 100 percent at fault, it was not fault of yours, and should say so on all reports. Secondly, keep your mouth shut and call a lawyer. Seriously, I can't emphasize this enough. Dont' try to handle it on your own. The more you talk and try to deal with stuff yourself, the more room you give for them to twist things around. Call a lawyer and don't say anything to anyone else. Let the lawyer handle it. It's what they do.
    There is no way in hell you should need a lawyer for this. A lawyer will end up costing you way more than you'd ever get out of a $2000 car.

    A lawyer takes a percentage of the settlement (33 1/3 percent). And there are other damages to cover and protect yourself from, like making sure the guy that was in front of you doesn't sue you. And especially in California, the insurance companies really do everything in their power to keep their payments to a minimum and will try to run things through as quickly as possible before you have a chance to realize they're screwing you over. Seriously, call a lawyer.

  • Seattle ThreadSeattle Thread King of the Forest Camphor TreeRegistered User regular
    edited March 2008
    Dalboz wrote: »
    Thanatos wrote: »
    Dalboz wrote: »
    I was in a similar incident recently. First, the guy behind you should be 100 percent at fault, it was not fault of yours, and should say so on all reports. Secondly, keep your mouth shut and call a lawyer. Seriously, I can't emphasize this enough. Dont' try to handle it on your own. The more you talk and try to deal with stuff yourself, the more room you give for them to twist things around. Call a lawyer and don't say anything to anyone else. Let the lawyer handle it. It's what they do.
    There is no way in hell you should need a lawyer for this. A lawyer will end up costing you way more than you'd ever get out of a $2000 car.

    A lawyer takes a percentage of the settlement (33 1/3 percent). And there are other damages to cover and protect yourself from, like making sure the guy that was in front of you doesn't sue you. And especially in California, the insurance companies really do everything in their power to keep their payments to a minimum and will try to run things through as quickly as possible before you have a chance to realize they're screwing you over. Seriously, call a lawyer.
    Not all lawyers work on the same pay scale. Hiring one is not going to magically prevent the guy in front of you from suing, nor force the insurance company to cough up more money. You'd basically be paying a guy to do all the things that you can do yourself.

  • MattDanteMattDante Registered User
    edited March 2008
    Just a note on "No Fault" insurance. That is around to pay for medical fees you may have from an accident with an uninsured/underinsured driver. It does not cover property damage from the accident. For that you would need a suplimental insurance covering just that, uninsured/underinsured drivers.

    Also, getting a lawyer is completely useless. It will just be an extra expense that is completely unnecessary. The insurance companies will get things done on their own, and usually in decent time. A lawyer is not going to expedite it any or get you any more money for property loss. The only time you should use a lawyer in an auto accident is if you suffered more than minor injurues or the insurance of the person at fault is too low to cover your expenses.

  • ThanatosThanatos Registered User regular
    edited March 2008
    Dalboz wrote: »
    Thanatos wrote: »
    Dalboz wrote: »
    I was in a similar incident recently. First, the guy behind you should be 100 percent at fault, it was not fault of yours, and should say so on all reports. Secondly, keep your mouth shut and call a lawyer. Seriously, I can't emphasize this enough. Dont' try to handle it on your own. The more you talk and try to deal with stuff yourself, the more room you give for them to twist things around. Call a lawyer and don't say anything to anyone else. Let the lawyer handle it. It's what they do.
    There is no way in hell you should need a lawyer for this. A lawyer will end up costing you way more than you'd ever get out of a $2000 car.
    A lawyer takes a percentage of the settlement (33 1/3 percent). And there are other damages to cover and protect yourself from, like making sure the guy that was in front of you doesn't sue you. And especially in California, the insurance companies really do everything in their power to keep their payments to a minimum and will try to run things through as quickly as possible before you have a chance to realize they're screwing you over. Seriously, call a lawyer.
    The guy in front would be suing the OP's insurance, not the OP. And even if he were to sue the OP, the time to hire a lawyer for that is after the lawsuit is filed. And you absolutely will not find a lawyer to take a civil case where the full value of the damages is less than $2000 on contingency. It's nowhere near worth their time. You do not need a lawyer for this.

  • GraydeathGraydeath Registered User
    edited March 2008
    Thanatos wrote: »
    I'm gonna guess that, as a fellow beater-driver, you didn't have underinsured/uninsured property coverage on your car, right, Graydeath?


    Correct, I do not have the extra coverage. The good news is I got a callback from my insurance company today and they verified with the guy in front of me that I was not at fault. According to my claim rep thats good enough for them and they will be closing the claim. The bad news is thats it my insurance company is not going to help me with the at fault driver in any way. I'm going to give them a call today just to make sure that my rates don't rise which I'm sure they will not.

    A quick question on small claims court. What type of documentation/proof should I be collecting for this?

  • MagicPrimeMagicPrime "We're ready to believe you..." FireSideWizardRegistered User regular
    edited March 2008
    In my state having a minimum amount of non-insured driver coverage is required by law.

    But living on a state border town we have lots of uninsured drivers without state inspected cars.

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  • streeverstreever Registered User regular
    edited March 2008
    for small claims? copy of police report/notes.

    no lawyer, totally

    small claims court can be a big waste of time--they do not FORCE the person to pay you!

    so ideally you'll settle with the kid who hit you. if he is 18, try talking to his parents ;-)

  • amateurhouramateurhour Registered User regular
    edited March 2008
    Graydeath wrote: »
    Thanatos wrote: »
    I'm gonna guess that, as a fellow beater-driver, you didn't have underinsured/uninsured property coverage on your car, right, Graydeath?


    Correct, I do not have the extra coverage. The good news is I got a callback from my insurance company today and they verified with the guy in front of me that I was not at fault. According to my claim rep thats good enough for them and they will be closing the claim. The bad news is thats it my insurance company is not going to help me with the at fault driver in any way. I'm going to give them a call today just to make sure that my rates don't rise which I'm sure they will not.

    A quick question on small claims court. What type of documentation/proof should I be collecting for this?

    I would say have the police report, a statement from the guy in front of you, your history showing that you've had insurance (probably don't really need this, but just in case), at least one estimate of damage to your vehicle since this will be for a dollar amount to your car, and I guess that's it.

    The police report is going to show that it was his fault, along with your insurance statement and the other drivers, and the estimate will be your grounds for claim. Also, don't get greedy when making a claim. Not saying you would or anything, but ask for the total cost of repair based on the estimate, plus legal fees, plus any time you missed from work, and leave it at that.

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  • Liquid HellzLiquid Hellz Registered User regular
    edited March 2008
    Don't go to small claims court until AFTER you have talked to the person that hit you, and his parents if you say he is that young. Maybe they will be willing to work something out. If you try and try and cant get a hold of them or they are assholes about it thats when you take it to court.

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  • ThanatosThanatos Registered User regular
    edited March 2008
    MagicPrime wrote: »
    In my state having a minimum amount of non-insured driver coverage is required by law.

    But living on a state border town we have lots of uninsured drivers without state inspected cars.
    It's required by most--if not all--states. However, you're not required to have uninsured driver coverage for property, just for medical. I would be very surprised indeed if your state required uninsured coverage for property damage.

  • ThanatosThanatos Registered User regular
    edited March 2008
    streever wrote: »
    small claims court can be a big waste of time--they do not FORCE the person to pay you!
    This is kind of true, and kind of not. Generally, they won't garnish wages; however, you should be able to enter in your claim agianst him with the local Sheriff's office (or whatever; I know you can do this in California, at least), and if he ever sells his home/car, inherits anything, etc., you get your money out of that, automatically. It would also fuck his credit over pretty well until he paid it off.
    so ideally you'll settle with the kid who hit you. if he is 18, try talking to his parents ;-)
    This is actually a good suggestion. A lot of parents will take at least some responsibility for their kids' fuckups, and then get it out of the kid.

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