Just crashed with an uninsured motorist...what to do now?

Posted: Fri Oct 16, 2009 07:31 pm Post Subject:

Has State Farm advised you they are not going to subrogate (sue) the at fault driver?

The reason I ask, if State Farm does decide to go after the at-fault driver for the money they paid you for the claim, they are required ALSO to sue the driver for the deductible you are out.

It is State Farm's decision, they may find it's not worth the time to sue this driver. In that case, I would recommend small claims court...if you even want to do that.

The reason State Farm would decide not to pursue the at-fault party is because they are confident, even with a judgment, they won't get their money back. So, understand, you can spend the money to go to court, only to walk out with a piece of paper that says the at-fault driver owes you money. Doesn't mean he'll pay you.....

There are additional rememdies available to collect on judgments, but again, costs money. There are people out there that simply don't care if they owe someone money, even if it affects their credit rating.

Posted: Sat Dec 24, 2011 12:27 am Post Subject: hit while at stop sign by motorist who gave name and telepho

what is an idea of how to find the person's address, or is it a lost case to get all of my medical bills paid? And benefits for the pain and suffering from my insurance co?

Posted: Sat Dec 24, 2011 09:31 am Post Subject:

Have you spoken with an insurance agent yet?

Posted: Tue Dec 27, 2011 08:47 am Post Subject:

Did you claim BI for your neck injury?

Posted: Wed Dec 28, 2011 10:32 am Post Subject:

You last couple of folks are responding to a post more than two years old.

Posted: Mon Feb 06, 2012 03:31 am Post Subject: car wreck

I was rearended by a driver who did not have a DL and he had warrents out for his arrest. Cops arrested him on scene. He had no car insurance. But he was driving someone else's car. The owner of the car had full coverage insurance. Can I sue both parties? I have had several medical bills because of this wreck.

Posted: Mon Feb 06, 2012 04:07 am Post Subject:

You can sue anyone you can think of. The problem is that the vehicle owner's insurance company will probably deny coverage for an unlicensed driver, which leaves the vehicle owner personally responsible for your damages. You'll likely win your suit, and then you'll have to figure out how to collect.

If you have uninsured motorist coverage, you're, initially at least, better off pursuing a claim through your own coverage until you exhaust that benefit. If you have remaining expense after that, you can go after the at fault party . . . except that your recovery must first be used to repay your own insurance company for all that it paid on your behalf. You're caught in a classic "Catch-22" situation.

Posted: Mon Feb 06, 2012 12:13 pm Post Subject:

This is a bad situation. Did the owner of the other car file a police report stating that his vehicle had been 'stolen'? It actually might be the case. If so, his insurance company might pay the claim, no?

Posted: Thu Mar 01, 2012 09:58 pm Post Subject:

I was involved in an accident which exceeds my policy limit for propery damage. Can he sue me for the difference? I live in pennsylvania and have infinity insurance.