Uninsured Motorist Accident

[ccbarr]

What is the name of your state (only U.S. law)? Oregon
I was involved in a traffic accident where I was in the turn lane and a car came out from the side street and ran over my front end. Police responded & she admitted she didn't see me there. Her car was owned and insured by her mother and after later calling the insurance carrier she was not a covered driver. I only had liability on my car so my insurance company paid my er visit and $750.00 for pain and suffering. My car was deemed a total by the body shop so I would like to sue her in small claims for the approximately $1,000.00 it was worth. If I win do I have to pay that money back to my insurance? What documents do I need to take to court to prove the vehicles worth - NADA, Kelley Blue Book?

 

[ecmst12]

If you only sue for your property damage, you don't have to pay your insurance anything unless they paid something for your property. They may be pursuing the driver separately for the medical payments, but that depends on your state laws and the type of plan you have.

 

[OHRoadwarrior]

Actually, your car is not worth $1000. It has a scrap and part value. You must subtract the true value of the wrecked car from what you seek, unless you are planning on giving her the car also. Only a car auction would determine what the true value of it wrecked is.