becben said:
i was involved in an accident where it wasn't my fault and the other person didn't have auto insurance or the vehicle wasn't registered if i take them to small claims court to pay for the damages can i also put a lien on the vehicle? because my deductible is $500 and i don't have that. what do i do
My response:
Well, as I see this situation, you have one of two choices, with one being a little better than the other:
1. You can make an Uninsured Motorist Claim with your own insurance company. Then, you'll get the majority of your money for the repairs, minus, of course, your deductible. Your insurance company will go after the other driver for the amount they paid to you. Then, you can sue the other driver in Small Claims court for your $500.00.
2. You can sue the other driver for the full amount of your damages, and not involve your insurance company in making any payments to you (i.e., keeping them out of the loop).
In both cases, when you take the other driver to court, and if you win, it will be your responsibility to "execute" the judgment - - the court will give you a judgment, but will not help you to collect it (the execution).
If you choose number 2, you must inform your insurance company of your intentions, because their rights under your policy may be abridged. If you fail to do so, and this matter blows up in your face, don't look to your insurance company to then come in to "save the day". Remember, your insurance company has rights to a potential reimbursement and if you take the other guy to court, and lose, and then go to your insurance company for payment under your U.M., their rights to reimbursement could be cut off. If that's the case, they could refuse payment to you, and rightfully so.
Good luck.
IAAL
