My husband was rear ended in his truck by a lexus approximately 2 weeks ago. He called the police and made a report and the 2nd party(lexus) admitted to be at fault and stated to the officer and my husband he had a lean on his car and was fully covered with insurance. Only after we got the police report did we find…
To start with, read your own insurance policy.
In some states, uninsured motorist coverage (meaning your insurance company has to pay if you are hit by an uninsured motorist, as happened here) is required by the state.
In many other states, it’s commonly included. It’s entirely possible that your insurance company is on the hook already. But yes, a lawsuit is probably unfortunately in your future. You’ve alloted plenty of time. He’s lied to you already, he was breaking the law by driving without insurance, he had a lien on his car, he’s ignored you so far…..you’re not dealing with a stand-up guy.
If you have your own collision insurance. You are going about this wrong If you have collision, pay your insurance company your deductible. They will pay to fix your car and then they and their lawyers will go after the other guy for reimbursement. When/if they collect, your deductible will be returned to you. Your car is fixed, you are back in business, Case closed.
If you don’t have collision, you will have to sue the guy in small claims court. You DO NOT need a lawyer. Hiring a lawyer will muck things up, drag things out to years instead of days or weeks and the lawyer will almost certainly get more than you get mif he manages to get anything at all.
By the way. “No proof of insurance” does not necessarily mean that he was not insured. It usually means that he just didn’t have :proof” of insurance with him at the time of the accident. It seems to me that your insurance company is not helping you much? They should be advising you of the best way to handle this.
When you have insurance…. USE IT !!
He’s not going to respond. If he lies to police at the scene of the accident, it’s doubtful he’ll willingly come forward to pay what he owes to you.
As for ‘small claims’ court… There are limits for the amount you can get from a small claims court. If the damage to your vehicle, plus medical, plus time off work to file and pursue the claim, etc is more than the limit, then you should at least talk to a lawyer.
There is a limit on the amount you can sue for in small claims court. Check what that is in your area. And even if your damages are greater, you have to consider the cost of an attorney to collect them in civil court.
The other guy’s license should be suspended for lack of insurance.
If you have collision coverage on your vehicle, why aren’t you having your insurance company fix your vehicle? They will then sue the other party to collect their money. You get your truck fixed faster and they can deal with the uninsured deadbeat.