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nina7334 · Dec 14, 2008, 05:37 PM

Texas.

My husband was on his way from work and got hit by 3 cars. The vehicle who cause the accident did not have his insurance with him , he claimed his wife had all the info. There was no police report. My husband got his name, address, and phone number. My husband has been calling but no one answers. When his wife did answer she said shed call us back with the insurance info but never did. Now this man has blocked both my cell phone and my husbands.I know this because we call and it goes staright to voice mail, we block our number and it rings and we have called from other phones. They are avoiding us. Right now we only have one car that gets us from place to place. Im about to start classes in two weeks and I need my car fixed. We are in a tight budget so I'm afraid if I calim it on my insurance that it will be higher(it is high as it is because of our age). Is there anything we can do to make the guy who hit our vehicle pay? Can I get a lawyer? My damages are around 4000 if not more..

ScottGem · Dec 14, 2008, 05:42 PM

You can't afford your insurance rates to go up but you can afford an attorney? If the accident was not your husband's fault then just put in a claim to your insurance carrier and let them go after him. They can find out who us insurer is and get the money from them.

For future reference, you should ALWAYS wait for the police in an accident. Especially if the other driver(s) don't have all their documentation.

Fr_Chuck · Dec 14, 2008, 06:30 PM

Yes, at this place and time, the other party can claim they know nothing about the accident, I hope you took photos with your cell phone camera or something.

But the minute they did not have a insurance card ( and I don't even trust those) you call the police for major accidents.

Within two weeks, you are not gong to get even your own insurance to pay this now. They will have to contact the other party, and find out he is refusing normally.

So report it, get your car fixed and learn a lesson that people with no insurance lie.

nina7334 · Dec 14, 2008, 06:55 PM

Well no I can't afford an attorney at this moment, I was askingfor future reference. Just to know if anyone was in this situation what would they be able to do...

Julia99 · Dec 14, 2008, 07:09 PM

I am a lawyer in another jurisdiction. But the simple answer is yes you can sue. It sounds as if he did give you his correct name, you have his address, and his phone number. That is enough to sue. You could start by just having an attorney send a letter to him threatening suit if no response. He probably does not have coverage. If you have uninsured motorist coverage you should probably contact your insurance to make sure it gets paid. If you had over 4k in damage to your vehicle, even if your policy increased it would probably be a lot less than 4k. I have had cases in which the person's rates did not increase for a claim of this nature. Hope that helps answer your question.

JudyKayTee · Dec 14, 2008, 07:19 PM

Originally Posted by nina7334

Texas.

My husband was on his way from work and got hit by 3 cars. the vehicle who cause the accident did not have his insurance with him , he claimed his wife had all the info. there was no police report. My husband got his name, address, and phone number. My husband has been calling but no one answers. When his wife did answer she said shed call us back with the insurance info but never did. Now this man has blocked both my cell phone and my husbands.I know this because we call and it goes staright to voice mail, we block our number and it rings and we have called from other phones. They are avoiding us. Right now we only have one car that gets us from place to place. Im about to start classes in two weeks and i need my car fixed. We are in a tight budget so I'm afraid if I calim it on my insurance that it will be higher(it is high as it is because of our age). Is there anything we can do to make the guy who hit our vehicle pay ?? can I get a lawyer? my damages are around 4000 if not more..

If you had collision insurance, file it with your company. Let them fix the car, pay them the deductible, let them fight it out with the other guy's company. Your company - at least in my State - will not pay unless you have Uninsured Motorist Property Damage Insurance. Straight Uninsured Motorist covers only injury. This (obviously) varies State to State.

Let your insurance company fight this battle - that's what you pay them for. And if the other driver changes his story and says your husband was responsible and you file late with your company you are risking them disallowing the claim for late filing. Believe me when I say I see changed - and bizarre - versions of accidents all the time.

I would be interested in the exact circumstances - 3 cars, 1 caused the accident? - because I'm a liability investigator but my advice (above) is how I see this. Did your husband get the info on the third driver - for witness purposes?

You can always go to Small Claims Court in your area but that isn't going to happen tomorrow and I think you need to protect yourself - and get your car fixed.

I wouldn't involve an Attorney if you have insurance - that's what the company is there for.