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Hit by Uninsured Motorist

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dankntt

Junior Member
What is the name of your state?Tennessee

Long story, short...Two weeks ago (1/12/05) a guy merged into my lane on the interstate. He hit my car spinning me out of control. My landed up an embankment and was deemed a total loss. At the scene, the other guy admitted to the officer that it was his fault. He was cited for failure to yield right of way and also for drivers license violation. (he moved to Tennessee from Florida but did not update his drivers license). He was not cited for no insurance at the scene because he produced an insurance card. For two weeks he has been very elusive (and a jerk). I received a letter today from his insurance company stating that he lapsed with his payments and insurance was terminated on 12/31/04, therefore the claim is denied.

During the past two weeks, I've rented a car with the anticipation that I would be reimbursed by his insurance company. My insurance has initially taken the claim with the anticiaption that they would recoup the money from his insurance company. I guess on Monday it will be refiled as uninsured motorist.

Can I recoup the cost of the rental car ($340 for 2 weeks) and my $250 deductible from the guy who hit me?

I'd love the recoup they money the insurance has to pay for my car and the extra $2000 I have to pay to get out from under my loan. I know that won't be possible, but I'd like for him to have to take responsibility in some way.

Also, can I now have him cited for not having insurance, since it is required in Tennessee?
 


teflon_jones

Senior Member
dankntt said:
Can I recoup the cost of the rental car ($340 for 2 weeks) and my $250 deductible from the guy who hit me?
Yes, file a case in small claims court. You should file it for the entire amount of the repairs though, not just the rental and deductible.

dankntt said:
I'd love the recoup they money the insurance has to pay for my car and the extra $2000 I have to pay to get out from under my loan. I know that won't be possible, but I'd like for him to have to take responsibility in some way.
See above, small claims will recoup all of the money.

dankntt said:
Also, can I now have him cited for not having insurance, since it is required in Tennessee?
Not unless you're a peace officer.
 

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