Car got hit, driver dodging insurance

[ratedrookie]

A few months ago somebody ran into my car that was parked outside my apartment complex nearly ripping off the rear quarter panel. There was a fire truck and paramedic parked in the street responding to an emergency with a neighbor and the person that smashed my car was attempting to drive around the fire truck when he struck my vehicle.

The police arrived and exchanged information, but did not file a police report because there was no personal injury. The driver that hit my car told me he would pay for the damages and did not want to go through insurance. I gave him the benefit of the doubt, but when I contacted him he said he needed a couple of weeks to get the money. Every week I called him about paying for the damages, he would give me an excuse about how he was out of work and that he had a job lined up and he would pay for it. Finally, about a month after the accident when I tried to call him again his phone number was disconnected so I called his insurance company.

His insurance company filed a claim and sent me to get an estimate, which totaled a little over $1400. A few months have passed and the insurance company is telling me they are unable to do anything because there is no police report and they cannot contact their client so are unable to establish that he was at fault. I don't know why there is any doubt as to whether or not he's at fault if he hit a parked car, but the insurance company says they can't settle the claim unless they speak with the driver. The driver is dodging the insurance company's attempts to reach him.

Now they are telling me that I have to take the driver to small claims court, but that doesn't make sense to me. If the insurance company can't contact the driver, how am I supposed to find this guy? Why should I sue the driver when he is in fact insured? Shouldn't I be getting the claim from the insurance company? I'm not sure of what I'm supposed to do at this point and I could really use some advice. Should be noted that this is in CA and the driver of the car is not the same as the insurance policy holder.

[Zigner]

Originally Posted by ratedrookie

A few months ago somebody ran into my car that was parked outside my apartment complex nearly ripping off the rear quarter panel. There was a fire truck and paramedic parked in the street responding to an emergency with a neighbor and the person that smashed my car was attempting to drive around the fire truck when he struck my vehicle.

The police arrived and exchanged information, but did not file a police report because there was no personal injury. The driver that hit my car told me he would pay for the damages and did not want to go through insurance. I gave him the benefit of the doubt, but when I contacted him he said he needed a couple of weeks to get the money. Every week I called him about paying for the damages, he would give me an excuse about how he was out of work and that he had a job lined up and he would pay for it. Finally, about a month after the accident when I tried to call him again his phone number was disconnected so I called his insurance company.

His insurance company filed a claim and sent me to get an estimate, which totaled a little over $1400. A few months have passed and the insurance company is telling me they are unable to do anything because there is no police report and they cannot contact their client so are unable to establish that he was at fault. I don't know why there is any doubt as to whether or not he's at fault if he hit a parked car, but the insurance company says they can't settle the claim unless they speak with the driver. The driver is dodging the insurance company's attempts to reach him.

Now they are telling me that I have to take the driver to small claims court, but that doesn't make sense to me. If the insurance company can't contact the driver, how am I supposed to find this guy? Why should I sue the driver when he is in fact insured? Shouldn't I be getting the claim from the insurance company? I'm not sure of what I'm supposed to do at this point and I could really use some advice. Should be noted that this is in CA and the driver of the car is not the same as the insurance policy holder.

Sue the driver and the owner of the car in small claims court.
Or, file with YOUR insurance and let them work it out.

[ratedrookie]

Originally Posted by Zigner

Sue the driver and the owner of the car in small claims court.
Or, file with YOUR insurance and let them work it out.

I have the car's plate number, but I'm not sure who the owner is since I doubt it is the driver. How can I find the owner's name? According to his insurance company, I take the driver to small claims and if the court determines that he's at fault, then the insurance company will pay for the damages. Does this make sense?

[Zigner]

Originally Posted by ratedrookie

I have the car's plate number, but I'm not sure who the owner is since I doubt it is the driver. How can I find the owner's name? According to his insurance company, I take the driver to small claims and if the court determines that he's at fault, then the insurance company will pay for the damages. Does this make sense?

Yes, it makes perfect sense.
Also, your insurance would handle this all for you...

[ratedrookie]

Originally Posted by Zigner

Yes, it makes perfect sense.
Also, your insurance would handle this all for you...

Sounds good, but how do I get the vehicle owner's name?

Yes, my insurance company would handle this, unfortunately this is the only car I own that I don't have collision coverage for.

[ecmst12]

They need to confirm the facts with the driver before accepting liability. Lawsuits tend to get people's attention.

To get the owner information, go down to your local police station and ask them to run a tag trace for you.