Accident with Uninsured

[CoffeeBean87]

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

I am an insured driver and was involved in an accident with an uninsured driver. The police came and determined the accident was the other driver's fault. She claimed to have insurance, and when the police spoke to me they told me that her insurance company was Liberty Mutual. However, when I spoke to my insurance adjustor through Nationwide I was told that the other driver's policy was not found and that she was claiming the accident was not her fault. Nationwide determined it was her fault, and my adjustor told me that the other party said she would get back to them with more information. My adjustor thinks she probably isn't insured, and that's what I thought until I remembered seeing her holding her policy when I was speaking to her. And wouldn't the police have noticed if the policy was expired? At any rate I am contemplating suing her in small claims if she fails to get back to my adjustor, but her vehicle is in someone else's name. Do I sue her or the owner of the vehicle, or both? Any advice on any aspect of my situation would be appreciated.What is the name of your state (only U.S. law)?

 

[sandyclaus]

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

I am an insured driver and was involved in an accident with an uninsured driver. The police came and determined the accident was the other driver's fault. She claimed to have insurance, and when the police spoke to me they told me that her insurance company was Liberty Mutual. However, when I spoke to my insurance adjustor through Nationwide I was told that the other driver's policy was not found and that she was claiming the accident was not her fault. Nationwide determined it was her fault, and my adjustor told me that the other party said she would get back to them with more information. My adjustor thinks she probably isn't insured, and that's what I thought until I remembered seeing her holding her policy when I was speaking to her. And wouldn't the police have noticed if the policy was expired? At any rate I am contemplating suing her in small claims if she fails to get back to my adjustor, but her vehicle is in someone else's name. Do I sue her or the owner of the vehicle, or both? Any advice on any aspect of my situation would be appreciated.What is the name of your state (only U.S. law)?

Most "proof of insurance" documents list effective dates for a policy, but that is no guarantee that coverage is valid at the present time. Perhaps the policy was cancelled prior to the ending date (many possible reasons, such as non-payment of premiums). The police look at the document but rarely contact the company to verify if coverage is in force.

That being said, do you have uninsured motorist coverage on your Nationwide policy? That usually applies if its found that the driver at fault is uninsured. The driver who is at fault AND the owner of the vehicle share liability (the owner because they allowed someone to drive). Or you could just sue both the driver and owner/lienholder on the vehicle, but that could delay repairs on your car for a very long time while you wait for a hearing and to collect on the judgment you may be awarded.