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    tenace's Avatar
    tenace Posts: 1, Reputation: 1
    New Member
     
    #1

    Jan 14, 2009, 09:32 PM
    Small Claims against Uninsured Motorist to Totalled Car Value
    My car was hit in October 2008 in LA by an uninsured motorist. The police took a report at the scene (have not received it yet as of January 13, 2009.) I decided to collect what I could from my insurance company under uninsured motorist clause. The maximum it pays is $3750 but my car is valued at $10,000 approximately. I am out the $6,000 plus value for my car.

    I decided my only way to recoup my $6,000 plus loss was to take the uninsured motorist to small claims court. But to my surprise, the other insurance company does not legally have to release the name and address of the uninsured motorist. My only recourse is to wait for the LA Police Report to be released. It has been 3 months since the accident and we still have not received the police report, which has the names and addresses of all drivers concerned in the accident.

    Is there any legal way I can obtain the name and address of the uninsured motorist so I can take him to small claims? I've been waiting and waiting and waiting for the police report and have no reason to believe it will come anytime soon as they are very backlogged. I need to get another source of transportation!! If I could just get the name of the uninsured motorist, perhaps he/she would be willing to settle out of court.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Jan 15, 2009, 10:54 AM
    Quote Originally Posted by tenace View Post
    My car was hit in October 2008 in LA by an uninsured motorist. The police took a report at the scene (have not received it yet as of January 13, 2009.) I decided to collect what I could from my insurance company under uninsured motorist clause. The maximum it pays is $3750 but my car is valued at $10,000 approximately. I am out the $6,000 plus value for my car.

    I decided my only way to recoup my $6,000 plus loss was to take the uninsured motorist to small claims court. But to my surprise, the other insurance company does not legally have to release the name and address of the uninsured motorist. My only recourse is to wait for the LA Police Report to be released. It has been 3 months since the accident and we still have not received the police report, which has the names and addresses of all drivers concerned in the accident.

    Is there any legal way I can obtain the name and address of the uninsured motorist so I can take him to small claims? I've been waiting and waiting and waiting for the police report and have no reason to believe it will come anytime soon as they are very backlogged. I need to get another source of transportation!!!! If I could just get the name of the uninsured motorist, perhaps he/she would be willing to settle out of court.

    What is the reason for the hold up on the Police Report? I'm in NY but I routinely pull reports which have not yet been aprpoved, are not completed. They are just marked "draft" or "incomplete" - or the Police give me the information without the report. Have you actually gone down to Police Headquarters and asked for it?

    You must have the other party's license plate number - have someone run it for you and you'll have the info you need.
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #3

    Jan 16, 2009, 11:55 AM

    Go down to the police department and get a copy of this yourself. What's so hard about that?

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