Car got hit

Linda18 · #1 01-07-2005, 08:47 PM

What is the name of your state?Michigan

I was driving my sister's car while it got hit from behind, Everything is in her name the insurance and the registration, Is there anything I can do. Please help me. It is my first accident and I am new at this stuff. Can I make a small claim court, Please help me. what Should I do!!!!!!!!!!!!!!!!

teflon_jones · #2 01-07-2005, 09:39 PM

Did you get the other driver's insurance information, and his/her personal information? They should be filing a claim with their insurance company right away, and you need to find out a claim number and when an adjuster will be out to look at your vehicle.

Are you ok?

Linda18 · #3 01-08-2005, 11:24 AM

I made a police report, I and I got her name and phone number other than that nothing. So, what should I do. Should I make a small claim court, knowing that the insurance is in my sister's name. Pleaseeeeee help....

rmet4nzkx · #4 01-08-2005, 11:37 AM

Did you have her permission to drive the car? Does she know about the accident?
She can contact her insurance company.

sungod916 · #5 01-08-2005, 11:00 PM

If you got hit from behind and truly believe they are at fault, call the number they gave you and get their insurance information.
File a claim with THEIR insurance since they are at fault.

This just happened to my girlfriend, she was hit from the side (the other guy was pulling out of a lot and just hit her). He is at fault so she called his insurance and they are taking care of it.

Otherwise you'll have to file a claim with your sister's insurance or yours.

Linda18 · #6 01-09-2005, 10:34 AM

Yes, I do have a permission from her, and she knows about the accident. So, can I call the other girls insurance company and send them the police report with the estimate of the car.

Linda18 · #7 02-03-2005, 07:57 PM

I've just filled an application for a small claims court. The court was set to be on march, 22. However, the application stated that a police report is not a suffecient prove nor the estimate, unless I bring the guy who made the estimate and the police officer. They gave me a subpoena to fill, which I don't know what to do with it, They clerk told me to go to the police dpt, I asked the guy who works their and he went to call the officer who did the report. However, he didn't find him, and he didn't want to help me with the subpoena; he said he didn't know.

Now, should I send a supboena to the guy who made the estimate, knowing that the guy did it for free, and what about the officer, i don't know his info, the police dpt is so far from my house, cause the accident occured in a diffrent city, what also should i do for the court****************************.... Plz help, my first accident. (the insurance is in my brother's name).

#8 02-03-2005, 08:52 PM

Quote:

Originally Posted by Linda18

I've just filled an application for a small claims court. The court was set to be on march, 22. However, the application stated that a police report is not a suffecient prove nor the estimate, unless I bring the guy who made the estimate and the police officer. They gave me a subpoena to fill, which I don't know what to do with it, They clerk told me to go to the police dpt, I asked the guy who works their and he went to call the officer who did the report. However, he didn't find him, and he didn't want to help me with the subpoena; he said he didn't know.

Now, should I send a supboena to the guy who made the estimate, knowing that the guy did it for free, and what about the officer, i don't know his info, the police dpt is so far from my house, cause the accident occured in a diffrent city, what also should i do for the court****************************.... Plz help, my first accident. (the insurance is in my brother's name).

why are you suing? Did the person insurance company refuse to pay for the damage?

teflon_jones · #9 02-04-2005, 07:12 AM

Quote:

Originally Posted by Linda18

Yes, I do have a permission from her, and she knows about the accident. So, can I call the other girls insurance company and send them the police report with the estimate of the car.

Did you ever contact the other person's insurance company? That is what you should be doing, not going to small claims court!

MandyD · #10 02-04-2005, 07:52 AM

I think these people tried to help you already. The other driver was at fault and HIS insurance is responsible for any damages. That's why you were advised to contact them.

Another thing. I don't think you have standing to sue anyone in this matter since you're not the owner of the car. The car owner is the person who suffered damages, not you, therefore they're the one to file suit if one needs filing.

Lynx 36 · #11 02-04-2005, 08:23 AM

Quote:

Originally Posted by MandyD

I think these people tried to help you already. The other driver was at fault and HIS insurance is responsible for any damages. That's why you were advised to contact them.

Another thing. I don't think you have standing to sue anyone in this matter since you're not the owner of the car. The car owner is the person who suffered damages, not you, therefore they're the one to file suit if one needs filing.

I agree. Sit down, take a deep breath, and relax. A lawsuit is a last resort. Turn this into the other insurance co. It's as easy as picking up the phone. If the OP had insurance this sounds like they would accept liability and take care of the damages.

Since you aren't the owner of the car your lawsuit will probably be tossed, and you will lose time, and filing fees to boot.

Linda18 · #12 02-04-2005, 08:45 AM

I did contact her insurance company, however, her insurance is expired. So, I had nothing to do. The court was my last option. Isn't their anyway that i could win the case, It says on ther police report that she was at fault.

Lynx 36 · #13 02-04-2005, 09:00 AM

Quote:

Originally Posted by Linda18

I did contact her insurance company, however, her insurance is expired. So, I had nothing to do. The court was my last option. Isn't their anyway that i could win the case, It says on ther police report that she was at fault.

Your sister has to be the one to file the suit then as she is the owner of the car. You would be a witness in the case as you were driving.

Linda18 · #14 02-09-2005, 08:51 PM

Isn't there anyway that I could sew her and not my sister, since my sister wouldn't be here at the time. What should I do, should I fill anything else, or go ahead with the case.

teflon_jones · #15 02-10-2005, 06:40 AM

Quote:

Originally Posted by Linda18

Isn't there anyway that I could sew her and not my sister, since my sister wouldn't be here at the time. What should I do, should I fill anything else, or go ahead with the case.

Your sister is the one that needs to sue her because the damages were to her car. You can only sue the other person for medical bills for injuries you personally received.