hit by driver with no insurance

[mbark777]

Kansas

On Dec.13th my wife and I were driving down the road and a driver backed out of a driveway (not his) and collided with us. We all got out to make sure everyone was ok. When I got on my cell to call the police, he stated that he did not have insurance and got in his car and left, but not before I got his license number. The police arrived and had us fill out a report. They traced his tags and called the driver at home. The officer gave him the opportunity to come back, but to not bring the car back, because he would have to tow it if he did not have insurance. The driver did arrive back at the scene and admitted to backing into us and to not having insurance. The officeer cited him for failure to yield and for no insurance.
Now for my questions (sorry, got long-winded). Our insurance company wrote us a check for damages minus deductible ($500). Will our insurance go up because of this? Why would the officer tell this guy not to bring the car back? Instead he gave him the option to keep the car and continue to drive it without insurance. He gets off with 2 - $30 tickets, and I get to make up the $500 difference due to my deductible. I got a statement from my insurance stating that they will go after him and will reimburse me if they are ever able to get $$$$$ from him. I know this man. he doesn't have tow nickles to rub together. Insurance will not get anything from him.
What are my options. Can I pursue this in civil court (would it be small claims?)? Even if he can't pay, he should have to be be in front of a judge and have to answer for it. No one should get off that easy...

Any suggestions on how I get the $500 difference?
If necessary, am I able to sue for any insurance rate increases I may incur?
Do I need to obtain a lawyer to do this?

Thanks for your help**************

 

[teflon_jones]

Our insurance company wrote us a check for damages minus deductible ($500). Will our insurance go up because of this?

Yes, it may go up. Call your insurance agent and ask. Nobody here can say what your insurance company will decide to do.

Why would the officer tell this guy not to bring the car back?

Because that would be advising him to break the law by driving without insurance. The officer can't do that.

What are my options. Can I pursue this in civil court (would it be small claims?)? Even if he can't pay, he should have to be be in front of a judge and have to answer for it. No one should get off that easy...

Your only option is to sue the driver in small claims court.

Any suggestions on how I get the $500 difference?

See above.

If necessary, am I able to sue for any insurance rate increases I may incur?

You can sue for whatever you want, However, you're unlikely to get this.

Do I need to obtain a lawyer to do this?

No, and it will cost you more than you'll get in the judgement.

 

[RachelB82]

I lived in Colorado (laws might be different), but there you could file a civil suit by just paying serving fees (to get the guy into court in the first place) and a booking fee. I think the two together were less than $100 and if you win, the person being sued is ultimately responsible for that money. If he has no money, obviously it gets harder. However, they usually arrange a payment plan with him to get a little bit each month or they can garnish wages (if he has a job)...which they do if he is deemed in the wrong. I was hit by a 15 year old once and he had to repay my deductible...which I got in $20 monthly installments. It was annoying, but at least in the end it was fair.