a non-insured driver hit my car, 2459.00 in damage...what can i do?

[allamericangirl]

What is the name of your state?What is the name of your state? montana

Please help i need advice! I only have liability insurance. I was struck hard from behind on Dec 23, just a few days ago. My back window shattered and the back bumper and behind the bumper has severe damage, totaling 2,459.00. I had it estimated. The girl who hit me, is 25, and has NO insurance. She lives in a little apt and has a child. We are (she says she is) trying to find a way to pay for it. But i know there is no way she really can, without a loan, which i am not sure she can/will get. My question is, in Montana, if we go to court, i know i will win of course, but when she is ordered to pay me, what happens if she doesnt? My sister thinks nothing will happen to her. Does anyone know?? And, how much will she have to pay me a month? She only works part time. and she is not married. help!

[JETX]

Originally Posted by allamericangirl

My question is, in Montana, if we go to court, i know i will win of course, but when she is ordered to pay me, what happens if she doesnt?

Nothing. The courts can't force a person to pay, nor can they jail them if they don't.... debtors prisons were done away with long ago.

And, how much will she have to pay me a month?

There is NO obligation to pay you anything, that is a matter of negotiation between the two of you. The only thing you can do is to get a judgment and then start trying to enforce it.
You can garnish her wages, but your state law exempts up to 75% of disposable earnings per week, or an amount = to 30 x federal minimum hourly wage, whichever is greater.

Bottom line... this does NOT sound good for you at this point to collect anything from her, judgment or not. Further, a Montana judgment is only good for 6 years (but is renewable) in the event that her financial condition changes. Also, you can leverage her with having her drivers license and vehicle registration suspended to try to force payment.

[allamericangirl]

"Also, you can leverage her with having her drivers license and vehicle registration suspended to try to force payment."

how do i do that?

also, with all this, what is the POINT of suing someone? Or even having insurance you can just walk away after hitting someone?

[FroggerGirl]

Originally Posted by allamericangirl

"Also, you can leverage her with having her drivers license and vehicle registration suspended to try to force payment."

how do i do that?

You can try that, but then what happens when she has no transportation to and from work/daycare for kid?

Still no $$ for you.

It can be a double edged sword in some cases.

It's hard, and seems so not worth it sometimes - but at the very least won't your own insurance pick up the tab if you pay your deductible? Not exactly sure how that one works, as I've never had to do it, but you asked what the point was of having your own insurance.

[allamericangirl]

no my insurance comp wont bc i only have liability.

[FroggerGirl]

Originally Posted by allamericangirl

no my insurance comp wont bc i only have liability.

Ah okay. I've always had full coverage.

[JETX]

Originally Posted by allamericangirl

"Also, you can leverage her with having her drivers license and vehicle registration suspended to try to force payment."

how do i do that?

You have to get a judgment against her first.

also, with all this, what is the POINT of suing someone?

Not everyone is judgment proof.

Or even having insurance you can just walk away after hitting someone?

If she has non-exempt assets to pursue, you can get a judgment and go after them. If she doesn't, then don't waste your time on suing her. And why didn't YOU have insurance to cover YOUR car??? Probably for the same reason the other driver didn't have liability insurance. $$$$!!

[allamericangirl]

excuse me!!!!! i DID have insurance!!!!! but my liability doesnt cover HER mistake. liability is ONLY if it was my fault. it wasnt my fault.

[teflon_jones]

What JETX is referring to is that you only have liability, no collision (which would cover this). This is the bare minimum coverage and now you're getting stuck with the entire bill. Why don't you have anything except liability?

You'll have to chalk this up to a lesson learned, or else take this woman to court and hope you can collect, which seems like it might be a bit hard. In the future, carry collision and uninsured driver insurance on your policy.

[JETX]

Originally Posted by allamericangirl

excuse me!!!!! i DID have insurance!!!!! but my liability doesnt cover HER mistake. liability is ONLY if it was my fault. it wasnt my fault.

EXCUSE ME!!! You did NOT have FULL insurance. You made the decision to only purchase LIABILITY insurance (to cover the other persons claim if you are at fault). Don't misunderstand, I do COMMEND you for having at least that!! As you have found out, lots of other drivers could care less about YOUR damages and don't even have their liability insurance. However, liability insurance alone is only partial insurance.... and does NOT protect you when you are at fault, or when the other at-fault party is uninsured.... as you are about to find out.

[Lynx 36]

Definitely pursue the license suspension. You can also use a subrogation company to help you in pursuing damages. They typically will take 25% of what is recovered but it is better than nothing. If they don't recover you don't pay a dime.

Follow the advice of the previous posters. Don't let this woman off. Who cares if she is single and has a kid. She caused you a great inconvenience. At the very least her license will be suspended until restitution is made in full.

[You Are Guilty]

Originally Posted by Lynx 36

Definitely pursue the license suspension. You can also use a subrogation company to help you in pursuing damages. They typically will take 25% of what is recovered but it is better than nothing. If they don't recover you don't pay a dime.

Isn't that a "collection agency"?

[Lynx 36]

Quote: "Isn't that a "collection agency"?

Yes, but we in the insurance world prefer the fancier word... "subrogation".

If the party liable has no money I will be glad to take their furniture, beds, T.V., the 73 Chevy on blocks, doesn't matter. People that drive w/ no insurance get not one bit of sympathy from me. I could care less if their kid can't eat. If they are too poor to get at last liability insurance, then they are too poor to be popping out kids.