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Hit by uninsured motorist

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A

amuso

Guest
What is the name of your state? New Mexico

Late october our vehicle was hit by an uninsured motorist. At the time we were advertising our vehicle for sale and someone had come by to take it for a test drive with my permission. The driver pulled out into the street and as we just had started our trip the neighbor across the street backed straight into the side of our car, making $5200+ worth of damage according to 4 different repair shops in town were I got a quote afterwords.

The police made a report and obviously the driver of the car that hit us didn't have insurance. As we contacted their insurance company we learned their insurance was canceled in April. The other driver thus presented us and the police with a fake insurance car.

Then we tried to claim the damage on our insurance, but due to a mishap our car happened to not be insured on the day the accident occured, so they have recently denied our claim after an "investigation" saying the car had no coverage at the time of the accident.

The police will not do anything either, as we have contacted them about the uninsured motorist.

The car still remains damaged, but driveable, and obviously won't sell for the amount we wanted now.

Can we make any sorts of claims either against the other uninsured motorist, or the person who test drove our vehicle? Will it make sense to make a Small Courts Claim? Please advice as we are considering hiring a lawyer if there is a case here.
 


JETX

Senior Member
"Can we make any sorts of claims either against the other uninsured motorist, or the person who test drove our vehicle?"
** You can file an action against the 'at fault' driver who caused the damage. Unless the 'test driver' was at fault, they have no liability.

"Will it make sense to make a Small Courts Claim?"
** NM Small Claims limit is $7,500 (except $10,000 in Bernalillo County Metropolitan Court and in magistrates court), so that court would certainly be a good place to start.
 

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