I was rear ended by a uninsure driver with expire driver license, he refuse to answer my calls for any type of settlement.Can I take him to small claim court,I really don't want to report this accident to my insurance company for fear of rate increase,and also the damage only amount to $1600 dollars.Any Suggestion

Ok, and you think a person with no insurance and an expired license will have money to pay you??

Of course you may sue them, but who is going to pay you when you win?

If you report this claim to your insurance company the insurance company will sue the other driver for you. That's why you have insurance. But if you don't have collision coverage on your car that won't help you. You'll have to file a small claims court case and include the police report and at least 3 estimates on fixing your car and hope you will a judgment against the other driver. Even if you win a judgment then comes the hard part. Collecting on it.

Hi, rpl805!

Sure, you can file a claim in small claims court and also try to get the court costs from him.

However, were there any witnesses and did you call the police to file an accident report, please?

Thanks!

I agree, you could win but never see a dime. Read your policy, likely you have uninsaured driver insurance just for a situation like this. Don't report it you eat the $1600. If your rates went up, which I doubt, it would take a decade to balance out that $1600

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Originally Posted by ballengerb1

I agree, you could win but never see a dime. Read your policy, likely you have uninsaured driver insurance just for a situation like this. Don't report it you eat the $1600. If your rates went up, which I doubt, it would take a decade to balance out that $1600

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Sure I have uninsure driver coverage on my policy,but my driving record have always been clear,and with auto insurance company rather the accident was your fault or not it stay on the insurance files,and when I renew I know my rate will increase,that the only reason why Iam trying not to report the accident to my insurance.. I rather eat the cost of repair

Ok, the cost of the repair is $1600. If you do get a rate increase, its probably not going to amount to more than $50 a month. So do the math.

And there is no guarantee they will raise your rates. I switched carriers when I bought a car about 9 years ago. I got into an accident within one month yet my rates were never raised. I have actually had 5 claims on that policy during the 10 years and my rates were never raised due to them.

If you have had a good record, its more likely your rates won't be raised.

Thank your reply help me a lot

I have to disagree with your logic. Like Scott says rates do not go up automatically from one claim, especially when the other driver is at fault. File the claim and absorb any increase, doubt if there will be one but your agent can tell you that

However, insurance rates do go up for clowns like me with a lead foot, and 12 points on my license for speeding. Took them a while to catch up with me, but they did.

I agree with filing a claim.

Filing a claim is a money saver in the long run. Just ask your agent, do not ask the adjuster. He doesn't work for you