Car accident ruled other persons fault They have no insurance.

[Denita Godwin]

We were in an accident on April 30. A man passed on the left in a 4 lane swerved over in front of us put on his brakes and started to turn. We rearedended him. The police report says it was his fault. He has no insurace. We have liability. But a week after the wreck he now claims it was not his fault. Are car is totaled and me and my husband were hurt but our 6 month old was not. He was in his carseat. What can we do to reclaim the loss to the car and the lost time frim work.

 

[lars coltrane]

As to your own damages: if the other driver was the owner and was not insured, and was not in the course of scope of employment at the time of the accident, then you would try to file an uninsured motorist claim. However, if you did not have u.m. coverage, then I would recommend taking the other driver to court on your own (check in the limit of small claims court to see if that is enough to cover your damages). Note that getting a judgment may be the easy part, collecting is often much more difficult.

Since the other driver may file a claim against you, make sure to call in a claim to your own liability carrier. They will investigate and decide what, if anything, the other driver should be paid.

 

[Denita Godwin]

We do have uninsures motoriest and I filed a claim the next morning. When the gentelman involved took the car to the claims office he was trold they would not fix his car. He is employed at a farm or so he said funny thing is he has cdl to transport hazardous material. He was the owner of the car. Just purchased. Thanks for any information on this matter all kinds will be helpful.


<BLOCKQUOTE><font size="1" face="Arial, Helvetica, Verdana">quote:</font><HR>Originally posted by lars coltrane:
As to your own damages: if the other driver was the owner and was not insured, and was not in the course of scope of employment at the time of the accident, then you would try to file an uninsured motorist claim. However, if you did not have u.m. coverage, then I would recommend taking the other driver to court on your own (check in the limit of small claims court to see if that is enough to cover your damages). Note that getting a judgment may be the easy part, collecting is often much more difficult.

Since the other driver may file a claim against you, make sure to call in a claim to your own liability carrier. They will investigate and decide what, if anything, the other driver should be paid.

<HR></BLOCKQUOTE>

 

[lars coltrane]

You should be fine. You have made your U.M. claim. You have the coverage to protect yourself when the other driver does not have insurance. So, you don't have to try to get a judgment and then collect.

The issue is not what the person is licensed to do, it is what was the person doing at the time of the incident: was he in the course and scope at that time.

Since you have injuries and you have coverage, I would recommend that you hire a lawyer; you will do much better in the long run and you will not have to worry about handling a case on your own.