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

    Aug 11, 2007, 03:35 PM
    Hurt In Accident - Not My Fault - He Lied About Ins.
    I was hit by an out of state driver while sitting still at a stop sign in a parking lot. The truck I was driving was totaled - axles bent and rims bent... State Trooper was called to the scene and we exchanged information. It was his fault!! Only it has now been 10 days and his insurance company does not have records of him being their customer. He is in PA and I am in NC. I made my insurance company make a claim and they told me I should hear from his insurance company within 24 hours. Well I know that the insurance information was fake because I had already checked it. But I waited and still have heard nothing. What do I do now?? Who is responsible for all these medical bills and damage to my truck?? Can anyone tell me what to do at this point Can my DMV do anything for me? I can not afford to hire an attorney - so where does this leave me? Yes I have uninsured / underinsured on my policy but I cannot afford to have my rates go up so NO I will not file against my insurance.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #2

    Aug 11, 2007, 03:46 PM
    This was not your fault so your insurance shouldn't go up. You file the claim with your insurance and they will go after his insurance. If he committed fraud they your insurance is on the hook. But it still shouldn't affect your rates. Even if it does, it is better to pay your expenses out of pocket?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Aug 11, 2007, 04:06 PM
    Yes, you have your insurance pay for it, and then they sue him and collect what they can.

    Your other option is to sue him yourself in court, but honestly, if he can not afford insurance he does not have money in the bank to write you a check. So the only way you will ever get your money is file with your own insurance company. *** sounds like you already did, since you notified them of the accident.
    J_9's Avatar
    J_9 Posts: 40,298, Reputation: 5646
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    #4

    Aug 11, 2007, 04:28 PM
    I have to agree with the guys here.

    What you do is file with your insurance, they will cover your damages then the company will file what is called a subrogation suit against the guy who hit you to recoup their losses.

    If the police report clearly states it was his fault your insurance will not go up and you will not have to deal with a costly lawsuit. This is one reason we do pay insurance premiums.

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