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View Full Version : How should I approach this car accident case


chgranda
Feb 7, 2011, 07:42 PM
Today I got into an car accident.
The lady ran a streetlight and she hit my car while I was making a left turn, she hit my back passenger door/quarter panel/ rim. She tore off her front bumper in the process.

Issue Is this
I called the police and a sheriff took my report and everything we exchanged insurance information. The sheriff gave her the ticket, and I have a claim number. As far as the sheriff told me she was completely guilty.
My car got towed to a storage lot so I paid the storage lot and had it taken to a body shop. The sheriff told me I would be refunded these fees.
I called the insurance with state farm I filed a claim, they returned my call back stating that she has been uncovered since November 2010 and that her last payment was in October, so they couldn't help me.
What should I do? How can I get her to pay to get my car fixed? Isn't she supposed to have insurance on her car, it was a 2008 Dodge Charger, and she looked like she was in a stable situation she looked like she worked in the medical field.
I am a full time student and I don't have this type of money to get my car fixed what do you recommend? Do I sue her, or something? Do I call the sheriff for giving false information to him, do you think the insurance adjuster is lying in this case. I have no knowledge about the law. This happened in Houston TX . Any advice would be greatly appreciated. Can I find out if she has insurance through another place or something?
I don't think an attorney will want to hear my case since the insurance is rejecting the claim so I don't know he might think it is a waste of time?
Thanks for getting this far
-Christopher

smoothy
Feb 7, 2011, 07:48 PM
It should go against the uninsured motorist clause in your insurance. Assuming your state requires uninsured motorist coverage like many do. If yours doesn't then its plan B.

Secondly... you are going to have to sue her... then try and collect it afterwards. If she has few assets that will prove difficult.

If you have uninsured motorist coverage... your insurance would fix your car and they would be the ones to sue her and try to recover their costs.

cdad
Feb 7, 2011, 07:51 PM
If you don't have full coverage then your only outlet is to sue. You do need to let the officer know what's going on as it may add another violation to what she is doing. The problem comes in when you sue it may take time. And you will need to store the car unles you get it fixed. You also may need 3 estimates to take to court with you.

ballengerb1
Feb 7, 2011, 08:01 PM
I agree with smoothy, just file with your company and let them sue her, insurance companies are very good at this. I am confused though, if the cop gave her the ticket why didn't he also give her a ticket for no insurance? Did she show him something to mislead him, if so report that to the police too.

chgranda
Feb 7, 2011, 08:31 PM
The cop didn't give her a ticket because, she gave him an insurance policy that had a good date, but I am guessing that he didn't verify the issurance. So she admittly lied to the officer, without notifying about the expired issurance.

ScottGem
Feb 7, 2011, 08:38 PM
Bottom line, you file a claim with your carrier. They will pay out of your coverage and help you sue her for the reimbursement.

Fr_Chuck
Feb 7, 2011, 08:50 PM
Forget about the ticket and the police, in many states the police can not check to see if the card is valid, in other states they have the ability, in states they can, if and when he ran her tag, it would have shown it.

And the police giving her a ticket for no insurance is not going to get you paid ,

Next do you have full coverage or just liability, that is a major question you did not answer ?

If you have full coverage, you file a claim with your insurance company , they pay to fix it, and they try to sue her.

If you have only liability, then you will have to sue her yourself.

The adjuster has no reason to lie, if in doubt you call up her insurance and make a clam yourself.

chgranda
Feb 7, 2011, 11:22 PM
I just have liability insurance. The thing is this, I happened to catch up with the tow truck that happened to take the ladys car later that day, don't tell me how it happened but it just did. He sort of gave me an address to where he took it. He said instead of taking it to a storage place that she requested a body shop.
I happened to get the information on that tow truck like tow truck number and all that stuff through a picture I took.

I have a feeling that they do have insurance but they gave the officer a different copy. How many people can just get into a car crash and just take it to a bodyshop to get it fixed we are looking maybe at least 1000. You know how those prices just get to fix something so simple.
Do you think the officer can do some investigation if he can get a hold of the towtruck and verify with the bodyshop if that car really does have insurance only of course if I can verify if it really was taken to that body shop.

chgranda
Feb 7, 2011, 11:29 PM
http://i53.tinypic.com/2mwfibr.jpg

Here is a picture of the other car that crashed me the damage is from the other side, it might give a better idea to whom I might be dealing with. It was a lady maybe mid 20's that works somewhere in the medical field.

ScottGem
Feb 8, 2011, 04:27 AM
Even if you only have liability insurance, you still let your insurance company handle it. Do you have the correct address for her? Even without that, as long as you have a license plate your insurer can find out where she lives and if she is covered.

Stop trying to play detective, you don't need to, this is what you pay insurance for.

The only problem here is timing. Your insurer will tell you what they can and will do to help you. Its possible you may have to file a suit on your own, but they should help get info for you.
So call your insurer TODAY! Then you can come back and let us know what they said to do and we can advise further.