I was hit by someone on Saturday who claimed she was driving her friend's vehicle, and it looks like my car will be totaled. I'm trying to get rolling with rental/repairs/reimbursement because I work an hour from my house and need transportation. As we dig into this, Allstate has no active policy they can find for the car owner and neither she or the car owner are responding. I reached out to police to see if she updated the info with them, but nothing back yet. What can I do? Am I going to have to go to small claims?
What can I do against uninsured driver?
byu/slippperofpunishment inInsurance
Posted by slippperofpunishment
9 Comments
lol, you don’t have collision coverage? Or uninsured motorist coverage? If not, and they don’t have insurance, you’re SOL. You can sue, but doubt you’ll get much or anything if they’re too shitty to have insurance.
This is why you pay for insurance, let them deal with it.
File on your own policy.
File on your own policy. If you don’t have UM/UIM, you may deal with a policy increase for a bit (you ALWAYS carry UM/UIM for both property and medical, it’s very cheap in most states). Either way, your insurance company lawyers will attempt to recover your deductible from them… and their costs.
If you only had liability, or liability + comprehensive, you’re probably screwed, unless they have something you can collect via small claims court.
No fault states will be different.
If you’re in WA, challenge them to Mutual Combat?
What kind of insurance do you have? If you have comprehensive coverage or uninsured motorist property damage coverage, file a claim with your own carrier. They’ll get you going, subject to your deductible. If the other person has insurance, they will surrogate against them and get the money (including your deductible) back.
I’m going to suggest that you don’t just start the repairs because when, not if but when, you start to see supplements to the initial estimate it will get a lot more expensive than you will realize and your insurance company won’t just reimburse you for the cost of any repairs you’ve already done if the car is a total loss.
File with your own insurance company and move on with your life.
I just love when people ask questions like these but don’t bother to say where they are located, because it’s the same rules throughout the entire universe I guess.
First of all, if you have collision coverage, open a claim with your own carrier. Yes, you’ll have to pay your deductible, and given the lack of insurance on the other vehicle, you may well not recover the deductible. You can certainly sue the other driver/owner, but that will take quite a bit of time, and there is absolutely no guarantee that you will be able to recover anything.