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Un-insured motorist hit me

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zac strayer

Junior Member
What is the name of your state (only U.S. law)?

Delaware

Got hit by uninsured motorist which fled the scene. i did get their plate number.
my problem is deductables and costs.
I plan to sue for deductable takin from me to get car repaired under my policy since i was covered from uninsured losers.
but i am living pay check to pay check and i cant do things i need like go to the doctor to get checked out because i dont have the extra $500 for that deductable. im broke and screwed since now i have to walk to work or find a ride.
the pain im in but cant go to the doctors because i dont have $500 for the deductable. i want to sue for the stress of all this BS they have put me in and for fleeing the scene of the crime.
my question is how do i determine the cost of things like this and can something liek this be setled in a civil or small claims court. i dont want to get a lawyer since thats more money i dont have but dont want to file in court and get nothing for everything they have done to me.

thanks!
Zac
 
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You Are Guilty

Senior Member
Delaware doesn't have a typical "small claims" court - you get a Justice of the Peace Court, which is where this type of claim is common. There's a $15,000 limit, so as long as you claim less than that, you can file there.

Here is some more information on the process:
http://courts.delaware.gov/Help/Proceedings/JPCourt.stm
http://courts.delaware.gov/JPCourt/

Good luck.
 

Karlq

Member
Is there a police report? Was the uninsured arrested for hit and run?
Would the offer of a use car from your insurance have daily fees or just $50 for a rental security?


Are you saying that the cost of repairs is $250 and your deductible is $500?

There is free legal aid assistance/lawyers available in Delaware
 

zac strayer

Junior Member
1: yes there is a police report.

2: im not sure if the person has been arrested yet because the officer has not called me back yet even though i have called him twice and left a message. im guessing he hasnt found the criminal or the car yet. while talking to the officer whcih was a state police corporal he said that the owner of the car which is a lady has arersted warrants for driving without tags and registration. my best guess is the kid driving was her son.

3: i have full coverage for my car. so my policy would cover under the "hit by uninsured motorist" part. which is $250 deductable for car repair and if i got to a hospital it would be under a different part of my insurance which would be a $500 deductable.

4: as for the car rental i dont know what i was thinking this morning im still alittel jittery about the whole thing. i was thinking i dont have $50 cash but forgot ill use my credit card. :rolleyes:

Well i dont plan to sue for $15,000 which im sure they dont have if they cant afford car insurance. but trying to figure out how much would be reasonable to ask for all the problems i have dealt with because of this. the fact that the kid just hit me so hard and then drove off waving his hand at me "like see ya sucker" has me furious. no care if i o rmy passenger was really hurt deserves real and harsh penalties.
 

ecmst12

Senior Member
Your insurance company will pursue him for whatever they pay out, plus your deductible. Your car rental is part of what should be covered by your Uninsured Motorist Coverage. What you can NOT do is sue the driver for medical costs you have not yet incurred. If you wish to present an injury claim, you must first receive treatment, and when your treatment is complete, you present your total costs for reimbursement, and you can also (at that time) include an amount for pain and suffering. But if you haven't received any treatment, you can't prove that you were injured, so you can't collect anything.
 

Zigner

Senior Member, Non-Attorney
Well i dont plan to sue for $15,000 which im sure they dont have if they cant afford car insurance. but trying to figure out how much would be reasonable to ask for all the problems i have dealt with because of this. the fact that the kid just hit me so hard and then drove off waving his hand at me "like see ya sucker" has me furious. no care if i o rmy passenger was really hurt deserves real and harsh penalties.
It would be reasonable to ask for your actual out of pocket expenses.
 

Antigone*

Senior Member
What is the name of your state (only U.S. law)?

Delaware

Got hit by uninsured motorist which fled the scene. i did get their plate number.
my problem is deductables and costs.
I plan to sue for deductable takin from me to get car repaired under my policy since i was covered from uninsured losers.
but i am living pay check to pay check and i cant do things i need like go to the doctor to get checked out because i dont have the extra $500 for that deductable and my insurance offered me a rent a car but i have to pay a $50 security which believe me i dont have. im broke and screwed since now i have to walk to work or find a ride.
I'm plan to sue for $250 for the deductable to fix the car. but i want to sue for more for having to walk to work till car is fixed since i cant come up with the $50 to get a rent a car.the pain im in but cant go to the doctors because i dont have $500 for the deductable. i want to sue for the stress of all this BS they have put me in and for fleeing the scene of the crime.
my question is how do i determine the cost of things like this and can something liek this be setled in a civil or small claims court. i dont want to get a lawyer since thats more money i dont have but dont want to file in court and get nothing for everything they have done to me.

Any advice or a lawyer in my area that can give advice would be most appreciated. im in newark del area

thanks!
Zac
1 ~ This is not a referral service, so if you are looking for an attorney, click the blue link that says find an attorney.

2 ~ You can ask for just about anything in your claim as long as it stays under that court's jurisdictional limit. A judge will decide what is recompansable or not.
 

zac strayer

Junior Member
1 ~ This is not a referral service, so if you are looking for an attorney, click the blue link that says find an attorney.

2 ~ You can ask for just about anything in your claim as long as it stays under that court's jurisdictional limit. A judge will decide what is recompansable or not.
I'm sorry i apoloigize if you read my post wrong but i wasnt asking for a lawyer i was asking where that information was. i know how to find a lawyer.

so, your telling me i cant sue for the deductable i spent from the people because i have to believe the insurance company will get my deductable back? i think we all know how that most likely will turn out.:rolleyes:

I just cant sue for the problems they caused me, like trying to get to work,stress of the situation, etc?
 

Karlq

Member
where can i find this?
You find it by doing some research and calling around (phone book)...Just type into google ...
Delaware Pro Bono Legal Assistance or
Delaware legal aid or
Delaware legal aid "your" county


Good luck
 
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ecmst12

Senior Member
You cannot sue for stress, no.

You CAN sue for your deductible but you do not NEED to. If there is any money to be had from the deadbeat who hit you, your insurance will go after it. Most likely, neither them nor you will ever collect, but if someone's going to expend time and money trying, shouldn't it be the people you pay your premiums to handle this sort of thing?
 

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