HELP PLEASE

[Cindy Sanderson]

i live in missouri and as some of you know i was in a car accident that totaled my car. i unfortunantely had no insurance, the car that was involved was a rental car driven by someone other than the person listed on the insurance policy that was covering the car at the time. this girl went to rent a car, signed the papers saying she would be the only one driving the rental. she put the car on her insurance policy with allstate. she let her boyfriend drive the car, he drove through the stop sign causing me to hit him and total my car. now her insurance company says they are not at fault because she wasn't driving the car at the time and her boyfriend is not covered on her plan, the rental car company say they aren't responsinble because she covered the car under her own insurance therefore hers is to pay not them. now i can't get anyone of these insurance company's to return my calls.should i call allstate and have them send me a copy of her insurance policy to look and make sure there is such a clause in her plan? please help this has been over a month and i want a settlement.

 

[I AM ALWAYS LIABLE]

My response:

Her insurance company won't let you have a copy of her policy and declaration sheet unless you file a lawsuit, and demand the same in the discovery process.

However, they are all correct. None of them are responsible for paying you. The only ones you can sue is her and her boyfriend, and hope that they have enough money between them to pay for your damages.

At least, if you file in Small Claims court, you'll get a judgment. But, collecting on that judgment is going to be another matter entirely - - and when you get there, the judge isn't going to be too happy with you, either, for lack of insurance.

Good luck to you.

IAAL