• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Uninsured driver backed into my parked car. How do I get money?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

C

crc144

Guest
What is the name of your state? What is the name of your state? Pennsylvania. Someone driving someone else's car backed into my parked, unoccupied car, causing considerable damage to my car. Their car is uninsured and the owner and driver have been uncooporative to get me my damages. The driver is a college student, and potentially will not have the money should I sue in small claims court. Would her parents be liable if she is claimed as a dependent? What course of action can I take to get the money for damages? My insurance company paid me, but I need my deductible to fix the car. The insurance company is opting to take a loss, rather than take legal action. Who do I go after, the driver, the owner or both? Who is liable for my damages and how do I get what they owe me? Also, the estimate my insurance company gave me is considerably less than two estimates from body shops, how do I get enough to fix the car?
 


JETX

Senior Member
Q1) "The driver is a college student, and potentially will not have the money should I sue in small claims court. Would her parents be liable if she is claimed as a dependent?"
A1) I assume that, as a college student, she is over 18. If correct, she is an adult and her parents have no liability.

Q2) "What course of action can I take to get the money for damages? My insurance company paid me, but I need my deductible to fix the car. The insurance company is opting to take a loss, rather than take legal action. Who do I go after, the driver, the owner or both?"
A2) The owner of the car is required to maintain insurance on the vehicle... and the driver is required to assure him/herself that the vehicle he/she is driving has insurance (or that she has insurance herself). So, sue both parties.

Q3) "Who is liable for my damages and how do I get what they owe me?"
A3) See A2.

Q4) "Also, the estimate my insurance company gave me is considerably less than two estimates from body shops, how do I get enough to fix the car?"
A4) The problem of YOUR insurance not covering you enough is yours. What did they say when you should them the two estimates, less your deductible??
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top