Uninsured driver...

[lsut1ger]

What is the name of your state? Louisiana

My boyfriend was recently rear-ended by a driver who was uninsured and was on medication which she should not have been driving while taking. He has uninsured driver insurance on his car, but has a $1,000 deductible. The cost of repairs only came out to $700. Originally the insurance company said that he would have to pay the deductable up front and when they got the money from the driver they would reimburse him. Since the cost of the repairs is less than the deductible, the insurance company isn't going to take any action. Is this something that my boyfriend could bring the driver to small claims court over?

He wants to write the woman a letter giving her the chance to pay him without getting into the legal arena. I'm just wanting to make sure that (1) It is not more costly than it's worth to take her to small claims court and (2) It is acceptable to write her a letter advising her of the damages and giving her the opportunity to pay him before taking any legal action.

 

[JETX]

Yes, he can sue her in small claims to recover his damages. However, one thing that you need to do before any legal action is to do a little investigation and find out the chances of recovery if you do win. Does she own any property?? Does it appear that she is 'comfortable' financially, or does she have a 'passel' of kids, renting a trailer and living off welfare or SS??

Also, yes, I would suggest that he send her a POLITE demand letter detailing his expenses and asking for payment. Send it by certified RRR. Include a copy of his estimate(s) and a request for payment 'on or before _________'. Then, if she doesn't pay, file a small claims lawsuit.

 

[lsut1ger]

Thank you!

Thank you for your reply Halket! I have a few more questions....I found a website online about small claims court but I had a few unclear issues. If he does end up having to take her to small claims court, will she be responsible for paying him back the court fees that he has to put out to file a suit? Also, she was driving a car that was only a few years old and in decent shape. From what I read on the website, if he does win the suit, he can file to have her wages garnished, property seized, etc. Is this correct and will she be responsible for the fees required for this type of action also?

And my last question. My roomate was also in a wreck recently and had her car damage estimated by the same insurance company as my boyfriend. The repair work actually cost $300 more than what the company had estimated. So....should he contact her now and let her know what the quote to fix the car is or should he go ahead and get it fixed and then give her a copy of the bill? I just don't want him to take her to court, get X amount of dollars awarded and then the repair cost more than that. .

 

[JETX]

Q1) "If he does end up having to take her to small claims court, will she be responsible for paying him back the court fees that he has to put out to file a suit?"
A1) If he files suit and wins, he will be awarded the costs (filing and service on the other party).

Q2) "Also, she was driving a car that was only a few years old and in decent shape. From what I read on the website, if he does win the suit, he can file to have her wages garnished, property seized, etc. Is this correct and will she be responsible for the fees required for this type of action also?"
A2) If he gets a judgment against her and she refuses to pay, he can take post-judgment enforcement action against her. Again, the court will automatically include the costs (paid to the court) to enforce the judgment. Any reasonable costs incurred not through the court could be submitted for consideration and the court can include them also.

Q3) "My roomate was also in a wreck recently and had her car damage estimated by the same insurance company as my boyfriend. The repair work actually cost $300 more than what the company had estimated. So....should he contact her now and let her know what the quote to fix the car is or should he go ahead and get it fixed and then give her a copy of the bill? I just don't want him to take her to court, get X amount of dollars awarded and then the repair cost more than that."
A3) Sorry, too many 'players' and too confusing. Please repost with more specific facts as to who the parties are and their relation to each other.

 

[KeyLegal]

No arguments with what you have been told, just an addition -- have the boyfriend contact the state police and see if a claim can be made through the state. Some states, I believe, have uninsured motorist funds, and most will suspend the license of someone who has an accident and no insurance. The state police are ususally a good source of basic information this.

 

[JETX]

Keylegal: Here you go again. You said, "Some states, I believe, have uninsured motorist funds".

I have never heard of any state providing public funds for personal uninsured motorists. Would you please provide support for your 'belief'.

I do however agree with your remaining statement that most states do have 'financial responsibility' laws for drivers requiring that they have insurance at the time of an accident, and if they don't, then this law (generally called "SR-22") could be used to get the defendants license revoked. However, that is only done AFTER a judgment is rendered.

 

[lsut1ger]

Oops...

Sorry for my jumbled reference to my roomate, I was rushing and not paying attention to how coherent I was being. Let me try again..... My question doesn't pertain to my roomate. I was using her as an example I guess. Okay, boyfriend got in a wreck with uninsured motorist and went and got an estimate for the damage from his insurance company which is State Farm. My roomate was involved in a wreck and few weeks prior to this and dealt with State Farm insurance also. When I told her about my boyfriend's wreck and him having to go get it appraised, she warned me that her repair was actually $300 more than what State Farm originally estimated but State Farm did reimburse her for the $300 since she was dealing with the insurance company.

My boyfriend, however, is not dealing with the insurance company at all from this point on (the appraisal) because the repair is less than his deductible. So, my question is, should he send the woman a copy of State Farm's estimate for the damage, or just fork out the money himself right away and get the car repaired and then send her a copy of the bill just to make sure it's not more (or less for that matter) than what State Farm estimated the damage to be? I guess I'm wondering if he is some how legally binded to using the insurance company's estimate and will it look fishy or not stand up if waits to see what the actual repair costs and then sends her a copy of the bill? I'm just not sure what the protocol is in this matter and I'm all to familiar with how helpful the Lousiana bueracracy can be. So thank you all for answering my questions! I really appreciate the help!

 

[lsut1ger]

Okay one more question....

What is the name of your state? Louisiana

I was looking at another post and it got me to thinking. Would boyfriend also be able to recover any lost wages from the time he was in court (if she doesn't respond to the letter)? At first it seemed frivolous but after thinking about it, why should he have to suffer in the least or lose a penny b/c she broke the law and didn't carry insurance? I have no idea how long it takes to go to small claims court and have the hearing, etc. and get back to work. Even a few hours at $16/hour is somewhat of a loss. Just a thought. Please give me any feedback.

 

[stephenk]

you cannot ask for loss of earnings to go to court.