hit-run/no insurance

[cp30]

I live in Tennessee. About a month ago my daughter was rear-ended by driver who left the scene without stopping. Her car was totaled and she and her passanger were injured (not seriously). The owner of the hit run vehicle was later located and he claims he had loaned the vehicle to a friend who he will not name. The state is currently attempting to prosicute. The owner of the hit run vehicle has no recources or insurance. He claims the only thing he owns is the old truck that hit my daughter. My daughter had uninsured motorist. My insurance company has paid me about 50% of what I paid for her vehicle, after some haggeling, I agreed to accept this because they refused to give any more.I ask my insurance company who I could turn to for the rest of the expenses and they agreed to pay my daughters medical bills and nothing more.I don't know how to collect for the things I would have normaly went after "the other insurance company" for, like lost time from work, pain and suffering,the period of time she was without a vehicle, any possible future medical bills.My insurance company does'nt seem to think they are liable for anything else. I checked my policy and all I can figure out is that it does not provide for a rental car. I thought about suing the guy that owns the other vehicle but that would be a waste of time. My insurance adjuster says my insurance company does'nt even plan to sue because he does'nt have anything to get. I am currrently thinking about going ahead and submitting a claim for all this, then when they reject it, take them to small claims court where I can sue for up to $5000 which I hope will cover everything. Does anyone have any suggestions?

 

[I AM ALWAYS LIABLE]

My response:

Yes, I have a suggestion.

If you hire a Personal Injury attorney, you'll be better represented than you representing yourself and your daughter.

You see, Small Claims court has no jurisdiction in an Uninsured Motorist claim. You have to follow the policy provisions. Those provisions require that you demand Arbitration before any lawsuit is instituted against your own insurance company.

Arbitration of an Uninsured Motorist claim now turns your insurance company "adverse" to you. Yes, they are responsible for damages under that provision, and yes, you are paying premiums for the insurance they offer; however, now you are trying to get money from them, and that makes them "adverse" to you - - just like they were the insurance company for the Uninsured Motorist.

Your insurance company is not merely going to "roll over" and say, "Okay, we give up, we'll pay you anything you want". That's not how it works.

So, in order to get the ball rolling properly, you really should hire an attorney to make sure all of the provisions of your policy have been complied with under your State laws, and to get an Arbitration going as soon as possible.

Good luck to you.

IAAL