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at-fault insured driver hits uninsured driver

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ladyamos

Junior Member
What is the name of your state (only U.S. law)? KY


Ok, so I know its irresponsible to not have insurance--i really don't need a lecture about that.

Here's my deal: last saturday I was side-swiped by an insured driver, I do not have insurance. My air bag exploded and it hurt my chest and I had sharp pain that stemmed from my lower back down into my legs. I did go to the E.R over this twice because of the pain, and I have NO intention whatsoever in suing.

Anyway, he was really sketchy and didn't want to stick around for the police report; however, he did provide me with a copy of his insurance card, his drivers license number, phone number and license plate number. I moved my car to the side of the road and called the police to file a police report. I did have "proof" of insurance, however, my policy had lapsed and I failed to mention that to the officer.

I gave all of the guys information to the police officer, he pulled the guys picture up on a computer system in his car to identify him. So anyway, I contacted his insurance company (State Farm) right away to see about having my car fixed, the claims person I spoke with said to get estimates on my car, but nothing could be done til she got the police report and spoke with the driver. So, I've gotten several estimates and the damage is around 6k. I picked up the police report yesterday and the cops haven't been able to contact this guy at his home, work, or by phone--however, they did say he was the at fault driver on the police report. I called the claims person at State Farm and told her this, she sent off for a copy of the report but says she's having the same problems the police are--she cannot contact him.

I know I was wrong for not having insurance, I get that... But what do I do about having my car fixed? Based on the info provided, am I legally entitled to having my car fixed by his insurance company? I'll gladly swallow the medical bills, its just the 6k repair bill I can't handle..
 


cyjeff

Senior Member
Yes, his insurance will, eventually, pay you.

What would normally happen is that your insurance company would front you the money to get your car repaired and then chase after the other insurance company.

Since you don't have insurance, you get to wait on the other insurance company. Keep at them.
 
so it has been a week, correct? The other insurance company will likely ask you to take your vehicle to their repair shop ... they'll get an estimate from them & you can either 1) take the cash for the estimate & do what you want with the money or 2) have the car repaired there

Or the insurance company will play games with you and you'll have to sue (not a high probability but its possible) ~ of course small claims in KY is 2,500 limit ? Keep all records for your medical issues, maybe a journal of issues would be very helpful (pain felt etc). Then if you have to sue, you'll have an injury/property suit to file.

But you seem not favorable to a suit so just give the insurance co. about a month to sort it out. If you don't cooperate with the insurance company (and you don't have to) then they'll low-ball you big time.

http://courts.ky.gov/nr/rdonlyres/e452ffe9-4aa1-4879-b459-64ffbd3ab5bb/0/p6smallclaimshandbook611web.pdf
 

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