uninsured motorist hit my parked car!!!

[mrebean]

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

to whom it may concern:

while away on vacation my vehicle was parked in front of my girlfriends work when a vechile hit it and another vehicle parked in front of it. the driver (different from the owner) showed proof of insurance to the officer and was cited at fault for the accident.

it turned out that the owner's insurance policy had lapsed for whatever reason.

i paid my insurance company the $500.00 deductible, and my adjuster said that they would try to get the owner to pay for the damages and "try" to get my deductible back.

i was wondering if i should or if i can take the owner of the vehicle or the driver of the vechile to small claims court to try to recoup my deductible. also, should i try to contact either one before when and if i do take them to court, or should i not contact them at all?

any help given would be greatly appreciated.

many thanx in advance,

jR

 

[mrebean]

bump

***bump***

 

[stephenk]

you don't have to wait for your carrier. contact the owner and the driver and demand the deductible. Let them each pay $250. if no cooperation, sue them both in small claims court.

 

[JETX]

I agree with Stephenk on the process, but suggest you contact your insurance carrier and let them know what you are doing. Two reasons:
1) They could be in the midst of negotiating a settlement with the liable party and
2) Your filing a lawsuit could cause problems with any negotiations or lawsuit by the insurance carrier in their potential litigation against the liable party.