Who should pay?

[bocunchen]

What is the name of your state? North Carolina

Could you give me some advice on my situation?

A month ago a driver hit my car and caused some damage. The police showed up and reported the incident. It was all his fault. This guy first said he would like to settle this case privately and I allowed him to do so. But it turned out it was a hoax. After one month of the incident I finally reported the accident to his insurance company (which he gave the wrong information initially and I checked with the police again and got the correct one). Now the insurance company found that this guy was not actually covered. He was driving his wife's car.

So could you tell me who should finanlly pay the insurance, the insurance company or the guy himself? And if it's the latter, do I need to sue him before getting the compensation for the car's damage?

Thank you in advance!

Dong

[zippysgoddess]

Well apparently he doesn't want to be cooperative, so get a lawyer!

[teflon_jones]

You'll need to file a claim against the other driver as well as his wife (since it was her car he was driving) in small claims court for your damages.

Getting a lawyer isn't worth it unless the damages are >$10K.

[bocunchen]

Thanks for your reply. I have done some estimates and the damage is not severe, approxiately 1k. Do I still need to file a claim in this "Small Claims Court"? If so, could you tell me how I can file the claim in the "Small Claims Court"? Should her wife (and hence her insurance company) be responsible for the damages?

Thanks again.

Dong

Originally Posted by bocunchen

What is the name of your state? North Carolina

Could you give me some advice on my situation?

A month ago a driver hit my car and caused some damage. The police showed up and reported the incident. It was all his fault. This guy first said he would like to settle this case privately and I allowed him to do so. But it turned out it was a hoax. After one month of the incident I finally reported the accident to his insurance company (which he gave the wrong information initially and I checked with the police again and got the correct one). Now the insurance company found that this guy was not actually covered. He was driving his wife's car.

So could you tell me who should finanlly pay the insurance, the insurance company or the guy himself? And if it's the latter, do I need to sue him before getting the compensation for the car's damage?

Thank you in advance!

Dong

Obtain a copy of the police report and take it to your ins. Co and they will handle it thru the insurance that follows the other parties vehicle involved regardless of who was driving.