Hello! Last month, my dad took my mom's car and got into an accident. He was t-boned, and we have a police report explicitly saying that it was the other driver at fault. (The other driver literally blew a stop sign and was looking behind her while driving) So I get a call from my dad (whom is bipolar and freaking tf out) asking for my insurance info since my mom is a night shift nurse and I handle the insurance. I looked at my statefarm app and found out I apparently had been without coverage for a month or so because my auto pay had not gone through and I didn't realize it. I am 20 and a student so i dont pay, i just handle the paperwork and the in-between. I took the police report and filed the claim with the other drivers insurance since we had blatant proof that we were not at fault, then went through two days of sorting everything out (the woman who hit us is a crackhead with warrants), and everything seemed like it was all good. Fast-forward a month to today, we are just about to get the damage estimate and her insurance calls us and says that she apparently went and bought temporary insurance through 'Hugo' AS the police report was being made 15 minutes after the collision actually happened, so they are no longer covering it. We had been dealing with her insurance company on and off for a month and it was a complete waste of time and hope. What can I do? Anything?
Posted by Business_Base2847
8 Comments
I guess you’ll need to sue her directly, this is not an insurance matter, since nobody had insurance.
You can pay for the repairs out of pocket.
If neither one of you had active insurance at the time of the accident, then your only choice is to try to sue this other driver personally.
Probably not worth suing because the driver who hit you has no assets. So you are SoL.
Unfortunately, the only option you have is to sue the at fault driver personally for the damage to your car. The reality is that getting someone who may have a substance abuse problem to pay may not be easy or even doable. Depending on the amount of money you’d need and her financial state, it could take years for her to fully pay off a judgement if at all.
You can take the responsible party to small claims court but this isn’t an insurance question at this time since neither party had insurance.
Neither one of you have insurance this nothing for this sub to answer.
The police report isn’t “blatant proof” she’s at fault. Her being a crack addict and having warrants is irrelevant to your claim. Apparently she’s telling a different story of what happened than your dad and without proof to refute it, it’s going to be word vs word and her insurance, IF she had any, would take her word over your dad’s, as they should. But as it is, she had no insurance at the time of the accident. Your only option would be to sue her and hope you could win a judgment, but collecting from a crack addict is going to be damn near impossible.