What are my options?

[2003_4Runner]

Hello,
I am here to ask for some suggestions/help regarding this incident.

Last Friday, while my wife was entering into Target parking lot, one young guy crossed the road and my 4R hit his Dodge truck on the side. Luckly no one was injured.

We called the cop and he determined that it was other person's fault and asked us to claim his insurance for repair. When I called and filed the claim with his insurance company, they said that he is excluded in this vehicle insuarance and most probably it wont be covered and I may have to go through my insurance with uninsured motorist claim.

Initail estimation of the damage is $1008. My question is:
1. Is there any way to claim the damages from the person involved?.
2. Can I go to small claims court for such disputes?. Is it effective, fast and cheap to go through that process?.
3. Forgot about all these hassels, just file uninsured motorist claim from my insurance?.

Please shed some light!!!.

Thanks.

 

[Sac State]

insurance

Glad nobody was hurt.

Doesn't TX have required liability insurance? If he did not have liability insurance it is illegal. Yes, you have a claim legally against him for failing to carry insurance.

Call your insurance and tell them what has transpired. Depending on your coverage, your insurance company will seek any legal resolution from his insurance company rather than your insurance company paying you. Put the ball in your insurance companies court to resolve the situation. That is why you pay them big $$, their lawyers are very aware of how to handle a non-insured driver and subsequent litigation.

Given that your insurance company is suddenly forced to pay you, they will seek $$ from the other party.

Good luck, that really sucks.

Man, it seems more and more '03's are getting hit or totaled lately. The grey cladded '03 model is getting rarer by the day.

 

[dcampen]

Call your insurance and tell them what has transpired. Depending on your coverage, your insurance company will seek any legal resolution from his insurance company rather than your insurance company paying you. Put the ball in your insurance companies court to resolve the situation. That is why you pay them big $$, their lawyers are very aware of how to handle a non-insured driver and subsequent litigation.

I agree. I don't know anything about Texas but in Calif. it is your insurance company that should take care of fixing your car and it is your insurance company that should have to deal with recovering damages from the other party.

 

[<<<<]

Bad, bad, bad break. You already know your options. Taking the driver to court and vining the case does not mean that you will get your money. I'm sure you know how justice system works (long cases, appeals and appeals again). Second, if your insurance pays for your damages and does not collect from anyone, then you will pay higher premiums in say, a year. They will just say rates got increased. Welcome to the real money world. No free lunch there. My suggestion: have your insurance repair your rig, then ask them to attempt to collect from other driver (which they probubly won't do, because it's a dead end), and finaly change your company. Trust me they will rase yor payments, if you stay there after claim. Sorry bro, but no one wins in this story. Good Luck.

 

[2003_4Runner]

Thanks guys for quick response.

Well, what I understand is better for me to go through uninsured motorist claim on my insurance. So, the person who drove the truck without insurance get away with it without being held responsible for financial damage and illegal driving!. Doesn't the system provide a way to go after him???!!.

 

[DaveS]

Really sorry to hear the bad news.

Not so sure that there is an appeals process for small claims courts - usually that's part of the deal - win or lose - no appeals. That said you might find yourself receiving the $1000 at the rate of $10 a week or something ridiculous if the guy claims he can't pay.

I would push the other insurers to pay - if the documents the guy had on him convinced the cop that he was insured for the truck there must be some level of cover there.

My naturally vindictive streak would suggest you might want to go back and advise the police that the guy was uninsured if it turns out that way as well..

 

[dcampen]

So, the person who drove the truck without insurance get away with it without being held responsible for financial damage

Perhaps your insurance company will try to collect from him.

 

[jharris2]

We called the cop and he determined that it was other person's fault and asked us to claim his insurance for repair. When I called and filed the claim with his insurance company, they said that he is excluded in this vehicle insuarance and most probably it wont be covered and I may have to go through my insurance with uninsured motorist claim.

If I remember correctly, in Texas the cop checked the other guy's insurance on the spot. If he didn't have valid insurance then the guy would have been given a ticket then. So something is not adding up here (maybe I'm missing something :dunno: ).

It's probably wise to call your insurance agent and find out what they think before you file a claim.

 

[2003_4Runner]

I am too little confused whether the other driver got ticket or not. Just immediatel after the accident, I went to the spot and cop hasn't arrived yet. Before him, that guy's Mom arrived the spot and handed over some 'papers' to him and he kept them inside the vehicle which involved in the accident.

When cop asked for the insurance paper, Mom gave something and cop returned that to the lady saying it was expired one. Later, she made few calls and then cop gave me the accident report having his insurance details!. I am not sure whether cop validated her words or not.

As Dave mentioned that I am planning to call Police to report about him having no insuarnce once I received confirmed letter/fax from his insurance company stating that he is being excluded from insurance policy. I am not sure how much that will help police to re-visit the case and issue him ticket if one is not already issued.

 

[zworker]

welll.. my father is a insance sales men... and lising to all this is think whats gonna happen is that ur insurance company will pay for ur damage. but ur primum will go up.. even tho it wasnt ur falt

 

[TranceKrayz]

that's f@&**& up! i would go after that other guy and make sure he pays damages!!

 

[bluewolf]

Doesn't the system provide a way to go after him???!!.

Yes, they will. Your insurance company WANTS you to file an uninsured moterist claim. That way they can ding you for increased rates.

They will pay your claim, then immediately pursue the uninsured individual legally. They can even garnish his wages, etc to get their money back from him, and you bet they will pursue it.

So they get their money back (unless the guy's a complete deadbeat), PLUS they have a little bit more money from you per month from increased rates.

Insurance companies... gotta love 'em. :monster: