QuestionQUESTION: Another driver backed into the middle of passenger side doors while I was STOPPED in a parking lot waiting to make a turn on Feb. 27, 2010 (his damage was in rear bumper). I got all the other drivers info, Insurance, License, Registration etc (he has same insurance Co. as i do) but police where not called. Within the hour, I called my insurance co. to report incident with other driver info. Within 10 days I filed MV-104 form and mailed. Insurance co. says they made several attempts to contact other driver (which is son of the insured) but have ONLY been able to contact the mother and NOT the driver of the car. They said they still haven't been able to talk to him and they need to, to settle the claim. When I talked to the insurance co. 2 weeks later, they said that it would be my word against his, because the police weren't called and report filed. I DO NOT have comprehensive & collision on my car, just liability. I have photos of my car and other drivers damage. It's been over 30 days since incident, and my claim is still open, what do I do?
ANSWER: Hi Larry,
You should sent a letter to the at-fault driver by certified mail/ return receipt request as well as regular mail. In your letter you should briefly state the facts of the accident and the fact that his insurance company has been trying to reach him. You should also state that if he does not contact his insurance company with in 5 days that you will file a law suit against him and his parents for the damages to your car.
Then, you call the insurance company on the 6th day. If the driver has still not contacted them, then you should go ahead and file suit in small claims court, in the county where they live. You will need to obtain a repair estimate that you can present in court to prove the cost of your damages, as well as your photos. You should also obtain a quote from a rental car agency for the cost of a rental car for the number of days the shop says it will take to repair your car. In your suit you should ask for the total of the repair cost, rental car and the court costs. Before filing suit it would be a good idea to speak with an attorney just to be sure that you do every thing correctly. When you win your case it would then be the insurance company that would have to pay your claim.
I hope this helps
Richard Hixenbaugh
---------- FOLLOW-UP ----------
QUESTION: The mother (the insured) lives in a DIFFERENT county than her son (the other driver in the accident). The other driver and myself live in the same county as where the accident happened. The catch is I only know the mothers (the insured) address because it was on the insurance card. The other driver only told me the city he lived, which is in the same county as I live in, but that is all I know. His address in the city he told me where he lived isn't listed anywhere I could find. First question is how do I get his(the other drivers) address to send him the certified letter. Second question is where do I file the small claim in county court. Do I file where the insured, mom lives (tiny small town 90 miles away), or do I file where the other driver lives and also the accident happened (also county where I live, large city) about 10 miles away?
P.S.You did mean COUNTY and NOT CITY or TOWN court to file the small claim right?
Thanks So much for your Help Richard,
Larry
AnswerHi Larry,
Unfortunately, not you are getting into a legal area that I can not answer. When you have to people that need to be named in different locations, determining the proper venue for a lawsuit can be tricky. You will need to consult with a local attorney to determine that. You may also want to discuss with the attorney how to locate the driver. You may need to hire a private detective to track him down. The attorney would be the best source of information at this point.
I hope this helps
Richard Hixenbaugh
