Insurance Liability Question

The laws of your state are the only answer to this.

In my state, by law every driver involved in an accident where there is more than $X of damage (all drivers, regardless of who received the damage) must provide a separate proof of insurance report to the BMV. This has nothing to do with the local police accident report. Failure to submit this report means that your driver's license is automatically suspended.

Here's something else you may not realize: if someone damages you, car or not, that person is liable to make you whole. The court will determine the total damages. Please note that I haven't once mentioned insurance companies in that simple statement. Insurance companies are completely secondary to the concept of liability for damage and making the other person whole.

When you are in an accident, you have a choice: involve your insurance company, or don't. That doesn't change your liability. If you have insurance, and you choose to subrogate your claim to your insurance company, you are out of it. The insurance company takes care of things. You don't worry about anything.

If you were damaged and chose not to involve your insurance company for some reason (maybe you don't have collision/comprehensive insurance), then you are on your own. Your beef is not with the other guy's insurance company; your beef is with him. You use the legal processes in your state/county to pursue a claim through the courts against that person.

Again, no insurance company is involved here. Now, should the other party have insurance against such a claiim, he may choose to subrogate your claim against him to his insurance company. Once he does that, your claim is against the insurance company--but only once he does that. Until he does that, your claim is against him personally.

You were hit by a teen. Did you involve your insurance company? If so, just sit back and ignore it all. Did you not involve your insurance company? Then use the court system to address that driver directly. Sue him in small claims court or whatever court is appropriate to the level of damages. You don't care whether he's involved his insurance company or not. That's strictly HIS business. YOUR business is that you get made whole. If they have $5000 to pay your repair bill, what do you care that he chose not to involve his insurance company?

Don't wait for him to "get back to you". You asked what you could do. The answer is simple: you have the court process that solves this problem for you. You don't care whether he involves his insurance company. You want to be made whole, and the courts are the place to address this situation. Let the court process work.

Chances are if you follow through with the courts and sue him for all your damages, he'll take whatever action is appropriate in his life to pay the claim.

If he ignores the court process, the courts have a way to deal with that, too.

 

<div class='quotetop'>QUOTE(mayathystle @ Mar 29 2007, 07:45 PM) [snapback]414575[/snapback]</div>

The key is the word TEEN. His parents don't want their ins. to go sky high, so they're breaking your hump. Did you even see a current ins. card from the kid? Here in FL the police fill out an accident report if the damage is $500 or more. Oddly enough they do not have to issue a citation if they don't want to. We have no fault here. How much was your collision deductible? Did you pay that amt. out?

Did you call the police?

 

Just let your insurance company handle it. If it wasn't your fault, just let them deal with it. Worst case, pay the deductable, and you're back on the road. I was hit on my bicycle by an old gut who "promised" to pay for a new bike "in installmemts" I decided to be a nice guy, and let him slide, cops and insurancewise. Its been over 4 years now, and I think I got about $60 of the $300 we agreed on. If I had been injured, I guess I'd still be lying bleeding on the street. No more MR. Niceguy. Call your insurance and let them handle it. That's what you are paying the big $$$ for.

 

<div class='quotetop'>QUOTE(subarutoo @ Mar 30 2007, 12:09 PM) [snapback]415035[/snapback]</div>

That is what I did when I was hit by a hit and run driver. Based upon the damage, my insurance company waived the deductible even before the other driver was identified. At that point, my insurer went after him. Initially, the other company refused to pay because: "our insured was not involved." Ultimately, after he was convicted of leaving the scene of an accident without exchanging the requisite information, they reimbursed my carrier. One of the provisions of his sentence in the criminal matter was an order that he pay me for the diminution in value of my car.

 

Count me among those who recommend your insurance company deal with the other person and/or his parents. If it's not your fault, then have your insurer earn the money that you're paying them.

 

And then sue the offender in small claims court for your deductable, rental, lost wages, and any other damages the insurance may not cover.

Or give these guys a call: :lol:
1800thelaw2.com