Recently I was hit by another car, it was T bone , I was driving straight, and it was yield for another car. But the driver did not stop and I got hit on passenger side. The driver of that car is 32 years old lady, she does not have license, could not show proof of insurance and also not the owner of the car. My car condition is severe and I have full insurance coverage.
My questions are
1.What would be her punishment ?

2. Can I file a lawsuit against her though I don't have any physical injury but as my car is almost total and it was a new car(2 yrs old and 12000 mile only)

3.How does the insurance company generally deal with my kind of condition?

Hello boxi:

1. None, if the cops weren't called and she didn't get a ticket. If they were called and she got a ticket, she'll have to pay her ticket. She is NOT going to jail if that's what you're wondering.

2. Sure you can.

3. If you have comprehensive insurance, they'll fix your car minus your deductable. Maybe THEY'LL sue her for their loss, and you can sue her for your deductable.

excon

Thanks for your quick reply.

I called cops at the spot immediately but I don't know what happened afterwards as I was taken to hospital immediately. And my deductible is $250.00, so no question to sue her from my side for deductible.

I was wondering, after driving without license and insurance and making threat to other people's life and property , she is not going to jail!
What's the motiff I can have except the deductible one to file a case against her? And how much it generally costs? (As I want to see these drivers behind the bar)

Thanks,



1. None, if the cops weren't called and she didn't get a ticket. If they were called and she got a ticket, she'll have to pay her ticket. She is NOT going to jail if that's what you're wondering.

2. Sure you can.

3. If you have comprehensive insurance, they'll fix your car minus your deductable. Maybe THEY'LL sue her for their loss, and you can sue her for your deductable.

excon[/QUOTE]

Hello again, Boxie:

There's NOTHING you can do about CRIMINAL charges. It's up to the cops. However, driving without a license or insurance is a driving infraction. People don't go to jail for those. If you think people who do that should go to jail, write a letter to your congressman. HE'S the one who can change the law.

You can only sue her for the amount you are out. That includes your deductable, your time lost from work, the cost of a rental car if your insurance didn't cover it, and the costs to sue. If you had PAIN, and medical bills, you can sue her for that too.

But, you can't turn this incident into a windfall profit for you. It doesn't work that way.

excon

The police may have written her a ticket for no license, and either no proof of insurance or no insurance ( they are totally different charges) and if she had the yield, for failure to yield right of way.

Now since you were not there, you have no idea what she told police, so you can get a copy of that report to see what she claimed happen.

So for the "criminal" *(traffic tickets) there is nothing you can do unless you want to appear in court and testify against her when her tickets come up.

For suing, waste of your time to be honest, let your insurance take care of the damages and then if and when they ever get paid back for the deductable they pay it back. ** but I would not hold my breath if the other people have nothing

Thanks for the reply,

Actually afetr the accident when the cops came, and they were asking questions to her, she was repeating " NO ENGLISH" AND "MY HUSBAND". And the cops did not ask any accident related question to me, just asked "ARE U INJURED".

I just got a paper from the cops where the case number and the vehicles related informations (mine and her) and My and her name, add are given.
So , how to get the report of what she told to the cops, where do I need to go to get that.

Thanks again

Quote:

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Originally Posted by boxi29

thanks for the reply,

actually afetr the accident when the cops came, and they were asking questions to her, she was repeating " NO ENGLISH" AND "MY HUSBAND". and the cops did not ask any accident related question to me, just asked "ARE U INJURED".

I just got a paper from the cops where the case number and the vehicles related informations (mine and her) and My and her name, add are given.
So , how to get the report of what she told to the cops, where do i need to go to get that.

thanks again

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You are getting all tangled up trying to press criminal charges against her and that is totally out of your hands. She was either charged or she was not; she will either be fined or she will not. That part of this is over. The fact that she did not own the car is meaningless unless she stole it; she didn't show proof of insurance - that doesn't mean she was uninsured.

Get a copy of the Police Accident Report if you want to see what everybody said - the version of the accident on that report is a combination of what you said at the scene, what she said at the scene, what the witnesses said at the scene. Go to the Police Station, show your ID, get the copy.

As far as any other statements she made - and I don't know here there would be any - you aren't entitled to them.

As far as the damage to your vehicle - turn the accident over to your insurance company and let them deal with this. That's why you have insurance. You will pay the deductible, your insurance carrier will pay for the rest and THEN they will go against her insurance for the total amount (subrogation), returning the deductible to you when they collect it from her company.

If, as you say, she was driving uninsured I hope you carried uninsured motorist coverage or else there is no company on the other side to sue.

If you were injured and it meets the standard to sue in your area, sue her (and the vehicle owner) for personal injury/lost wages/medical bills - unless you're in a no fault State. If so, just sue her (and the owner) for your pain and suffering.

Thanks everybody for answering my previous questions on " Car Crash",
I have another confusion, I saw that insurance companies generally pay the private party value of the car, in my case then it will be like $7000 loss for me.
So can I tell them , I will not go for money, but find me a same company's car with similar kind of mileage?
can I do that?
thanks,

Quote:

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Originally Posted by boxi29

Thanks everybody for answering my previous questions on " Car Crash",
i have another confusion, I saw that insurance companies generally pay the private party value of the car, in my case then it will be like $7000 loss for me.
So can i tell them , i will not go for money, but find me a same company's car with similar kind of mileage?
can i do that?
thanks,

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No, the insurance company doesn't search out a similar car for you. They give you the blue book value, maybe a little more or less, minus your deducible, in a check.

You were underinsured by $7,000 - !

You also can sue the other driver for what you have lost financially - for example, if your loan is for more than your car you can sue the other driver for the difference between what your insurance paid and what you owed on the car.

In the meantime your insurance company will pursue the other driver's insurance for the dollar amount they have paid you.

Hello again, boxi:

They don't award cars. They only award money. And, they're not going to give you more than your car is worth. If you paid $7,000 more than it was worth, then shame on you.

excon