Rear-ended, but at-fault party does not have insurance. How to pursue?

OP mentioned his insurance company had talked about small claims. Assuming the total damage was rather minimal, I could see them not bothering to take legal action if the at fault driver didnt voluntarily pay up. Leaving it up to OP to pursue it if he chooses.

But in such cases, I could also see the insurance company not caring about whatever OP does recoup from a small claims judgement, where they basically tell him “We arent going to bother, but if you want to try to get your deductible back go for it”. If I were OP, I’d want that clarified, there’s no reason to fight for money that’ll just go to insurance.

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This was in the context of “if we are unable to recoup your deductible, we will provide all necessary paperwork to proceed with your own small claims request.”

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Pics? Obligatory - it will buff right out.

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Understood. Yes, if that were the case, it would make sense to sue for $500 instead of the full amount, only because you are more likely to collect.

In my opinion, you should involve your insurance company in whatever decision you make, and get their approval in writing before filing any complaint.

They likely have the first right to go after the driver, so if you try to collect from the driver outside of your insurance company’s approval, and the insurance company comes back and says they want to subrogate, but they can’t because you already settled with the driver, you could potentially be left holding the bag, with your insurance company refusing to pay anything on the claim.

Even if the insurance company never actually planned on going after the driver, if they notice that you settled a claim with the driver, maybe the insurance company then decides that they actually wanted to go after the driver, and then maybe they attempt to pull the money back.

I have a very low opinion of insurance companies, so my initial thought is that there is a high likelihood they would do something like that (if it is legal, which I’m not actually sure of…or even if it’s not legal).

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I had the idiot drive who was drunk & high, driving a friends car that friend hadn’t insured. She hit me with such force, my car went airborne over a service island, and hit a parked van. The male passenger in her car came over to see if I was alright, and then told me she was an f’n idiot, as he told her a car was coming. My insurance handled everything, and I paid nothing. Read your policy and what’s covered. Under my Uninsured & Underinsured section, I had zero deductible. My car was totalled, and I was given the Blue Book Value plus a few hundred extra. I had injuries which I received compensation for. Insurance company tried collecting from idiot drunk & the equally dumb uninsured car owner. Neither had any money or assets.

Hope you can resolve this in your favor. Nothing like dealing with uninsured motorists.

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One thing I’ve learned from the accidents threads, driving a beater makes life so much easier. Don’t have to waste time on this stuff and get to save a decent amount on taxes, insurances, and depreciation.

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I’ve a very similar experience two months ago. Rear-ended, but the idiot driver don’t have insurance. My Geico policy does has uninsured motorist coverage. I ended up called my own insurance company and reported the incident. Geico fixed my car without any deductible. The idiot driver? I have no idea if Geico would go after him or what. I did gave Geico his driver license/residence information and such though.

Cow?? :thinking:

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I do learn a few thing form those shows, mostly from Peoople’s Court. I can’t stand Judge Judy though, such a moron she is.

Cow,

I had Erie at the time, and they spent years trying to collect anything from idiot drunk and the dumb owner of the uninsured car. Two were total losers, couldn’t hold jobs, never had money. Erie would send me update letters; in one they informed me that idiot driver gave birth to a crack baby & ended up in a rehab for addicted mothers, where they treated both her & her poor baby.

I would imagine that Geico would do the same as Erie, try to recover the money paid out to you. Erie stopped after several years, when they realized how futile it was. Even if they went to court, and received a judgement in their favor, it’s unlikely they’d ever see even a dime. Geico may already know the idiot driver isn’t worth going after. Too many losers out there, not worth dealing with many of these idiots. Write of their losses and move on. It’s the cost of doing business.

This will be extremely controversial, but my opinion is that the only way to be truly made whole and perhaps actually receive compensation for the inconvenience and headache of dealing with the situation is to pursue a personal injury claim. Scumbag lawyers are all over TV and billboards advertising their services, and insurance companies will pay out small claims rather than fight them. Sure, you will only get a small amount, especially after the lawyer takes his cut, but I would think it would be easier to pursue than a diminished value claim in your case. Someone else is doing all the work.

Personal Injury Claim on what grounds? Pursue the uninsured idiot? This person does not have any assets.

As of right now, my vehicle is at the repair shop and it’s up to $4,000 in repairs. I have to pay my deductible which is $500.

The lawyers will know how to file it, I think most will claim whiplash, soft tissue injury, back/neck pain, etc.

I’m assuming you have Uninsured/Underinsured motorist coverage on your insurance. This will pay for personal injury caused by another party.

So you’re saying that I get a lawyer that will file against my own insurance policy?

That doesn’t make any sense. This will greatly impact my future premiums while hitting my CLUE report.

Let me start off with IANAL.

Well, the claim will be against the other driver, it’s just your insurance will be the one paying out as the other person doesn’t have insurance or assets to go after.

I don’t know what impact it will have on your CLUE report. You will need to research the effects of an Uninsured/Underinsured motorist claim on future rate increases.

The solution to a problem like scumbags without insurance isn’t to become a scumbag yourself. Uninsured motorist coverage and a dashcam are the best way to go moving forward.

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If you have minor whiplash, see your doctor and add the bill to your insurance claim. Personal injury attorneys are only interested in cases with severe injury because they can make more money. That is what Jacoby & Myers told me. If you really want a lawyer, you can call your local Bar Association but again, their cost might exceed your claim. That is what a Bar Association rep told me.

I just received a letter from SubroIQ who is my insurance provider’s partner for subrogation and reimbursement recovery. They stated that they will be pursuing the individual that hit me and attempting to collect my deductible along with any other ancillary expenses (not holding my breath).

We will see what they are able to do, but again, I do not have a lot of hope.

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This is exactly what you would want to hear in this situation. Glad it all worked out.

For future reference for anyone else ever in this situation, just be patient and wait for this letter. All you have to do right after the crash is call your insurance company and wait for them to handle everything.