Now what do we do????

airjon23

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So here's the readers digest version of a developing soap opera...

* Wife and son were rear-ended and other party (a minor) fled scene

* Witnesses followed and reported to police

* Police located driver...issued fleeing scene and following too closely tickets and impounded vehicle

* Police report contains insurance info, but that particular company says the coverage lapsed

* Our insurance is taking care of repairs to car and doc bills, but we are having to pay for rental car out-of-pocket (financial burden, plus wife gets paid hourly and has missed a few days due to accident)

* Next steps? Could their insurance company be protecting their client? If truly uninsured, does this become a legal matter right away, or should we wait for further direction from our insurance company?

As always, thanks for the help!
 

tistan

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I just went through almost this same exact same crap a couple years ago. You are pretty much going to get screwed. Your insurance will pay for everything minus your deductible, and you will never get your deductible back even though they swear they are going after the individual. Even though they say your rates are not going to go up, they magically will at your next renewal.
 

silver03svt

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You can file a civil suit against the driver and the car's owner for your deductible, rental car, and wife's wages for lost time from work. I would also speak with the officer that investigated the crash to see if he could also charge the driver with no insurance. This conviction in a traffic/criminal court would give you good weight in a civil case.
 

svtcop

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If your Ins. company will not cover the additional losses..(wages, rental, etc..) your next course of action should be to contact a reputable law firm that handles cases such as this.

If the loss you are suffering is minimal it may not be worth your time though.

Sucks to hear you got a raw deal. Good luck. :beer:
 

airjon23

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Thanks, guys. I appreciate all of the feedback. I'm guessing small claims court will be the easiest legal route, but I'm afraid they don't have insurance for a reason. Hard to squeeze blood from a turnip so probably no reason to pursue full-blown suit.
 

silver03svt

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Dont rule out the possiblilty that they have changed insurance companies recently and maybe the juvenile wasn't aware of it.
 

oldmodman

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What is the other vehicle worth?

Contact a lawyer and see if it is possible to put a lien on it and have it seized.

Was the other driver a minor living at home with at least one parent? They may be responsible for damage caused by their minor child. If your losses are large enough seize wages and personal property through the court system until you are made whole.
 

Junior00

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Something just doesn't add up though. How was the insurance information obtained? I'm wondering where the discrepancy occurred so that the officer(s) didn't know that the insurance had lapsed. Otherwise, additional charges should be added and I would strongly suggest pursuing that. Modman is correct though, an adult can be subject for liability stemming from a minor in their care depending. Hope you get it all worked out.
 

airjon23

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Thanks, again, for all the feedback. The only update that I have is that their insurance company is now saying there is/was a coverage issue...they won't elaborate. We were also informed that they are awaiting a 'statement' from their client. Wtf?!? The police report clearly states it was a hit-and-run accident.
 

BM1

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They aren't going to pay vehicle rental fees if it isn't in your policy. That's usually been an option with the insurance companies I've been with. You can either pay for rental vehicle coverage or not.

If it's in your policy to have it paid for, your insurance company should be paying for it and going after the other driver or the other driver's insurance company in court to recoup the money since you aren't at fault.
 
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