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I was hit by an uninsured driver?
I do have full coverage, so my car is being repaired and my insurance company is going after the guy who hit me. However, I do live in a state that it is law to carry car insurance. I did file an accident report, but I don't think the police know he lied to me about his insurance coverage. Should I let the police know? Do I need to hire a lawyer? Besides what I've already done, is there anything else I should do?
11 Answers
- Fred CLv 71 decade agoFavorite Answer
I presume the police interviewed both drivers if they did an accident report. If so, they know whether or not he had insurance coverage. What he told you is immaterial to their report, as they gather their own information from both drivers, although it is important to your report to your insurance company. Your car is being fixed, what is a lawyer going to do for you except give you a bill?
And you can't take a judgement out against him. The person who advised you to do that has to realize your insurance company is already pursuing that road. You can't get a judgement for something the insurance company gets one for. You cannot be paid for something your insurance comopany has already been paid for.
- Anonymous1 decade ago
If you have full coverage, it should include uninsured motorist. This should take care of the payment of the repair of the car. The Police Dept has already done their job, and unfortunately, many motorist drive with no or little insurance coverage. You do not need to let the Police Dept know or hire a lawyer. You should follow up with your insurance agent as it is their payment that will get your car out of the shop. The shop will not release it without payment.
Good luck.
- lucyLv 71 decade ago
ok, even when the police arrive, they usually ask for drivers license and insurance info; that info goes on the police report;
that is how individuals and insurance companies find out who owns a vehicle and who insures them; a lot of people who are uninsured could have valid insurance info to provide to the police at the scene;
ie; policy eff 7/10/07 to 2/10/08; that whats the insurance card ususally shows; but say, that the driver pays monthly and does not pay his premium for the month of august; the insurance company sends out a cancel notice and his insurance is cancelled on 8/10/07; the accident happens in sept 07, so even though he has an insurance card showing that he is insured, his policy has allready cancelled;
since your insurance company is handling, they will go after this other driver for their payments and your deductible; they will contact his insurance company and if they confirm he has no insurance, they will go after the guy individually;
if they confirm he has no insurance and if you have uninsured property damage on your policy if allowed by your state, then you now have a uninsured claim; most uninsured property damage has either no deductible or minimal deductible; so you end up paying less or nothing for the repairs of your car;
either way, your insurance company will go after him; they have a vested interest in getting their money back;
dont file a suit in small claims court; most policies state you waive your rights under subrogation; in other words, your insurance company wants the money back and you have an obligation to cooperate with them; now, on the other hand, if they are unsuccessful, you might want to see if at that point you could proceed, but then again, the insurance company may file a judgment on this guy to recover; so heed what they tell you to do; like the other guy said, you cannot get more than you are entitled to; its hard to explain;
now if you confirm he has no insurance, ask your company if they notify the police or the BMV; each state is different. some states the police notify the BMV if no insurance, can fine the guy for no insurance or they do nothing; you may want to call the BMV if proven no insurance, since they may revoke his license pending he gets finanacial responsiblity; but that wont effect your accident, only that if he is in another accident in the future he would be covered;
a lawyer is not going to do anything more than what your insurance company is going to do;
just hold tight until your insurance company verifies he has no insurance; then ask them what they will do and if you need to do anything yourself; they have subrogation departments that all they handle is going after the other driver for their money; they have lawyers that handle the legal work that maybe needed also at no cost to you; that is what you pay insurance for;
good luck
- 1 decade ago
If the guy told you at first that he had insurance but really didn't, I would contact the police so that they could possibly update the police report.
Since your insurance is covering the repairs and is going after they guy that hit you I don't think that there is anything else you need to do. Although you may want to contact your insurance agent to make sure with them that there is nothing else.
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- ja manLv 51 decade ago
Yeah call the police they need to know he's driving without insurance. And as far as a lawyer your insurance will do all they can so you shouldn't face any out of pocket expenses
- 1 decade ago
Check with the police dept. and see if he gave them a insurance report and if it is reliable and if not talk to a lawyer and take out a judgement on this person and his holdings,like car,house,ect.
Hope this will help.
- Anonymous1 decade ago
Your insurance company will know if he has coverage; after they pay you they go after the other party's company for repayment. You don't have to do anything.
- Tex SLv 51 decade ago
By law you should be covered by uninsured motorist insurance. Ask your agent about this.
- wizjpLv 71 decade ago
damm skippy let the police know. If your company is going after him, you can probably leave that in their hands.
- 1 decade ago
report all facts to the insurance company and let them sort it out....thats what youre paying your premium for!...