QuestionI do not have collision coverage. What happens if the other driver does not have collision coverage will his insurance still pay for my car damages? Or will I have to sue the driver personally for the damages?
I was driving down a 2 lane street. The right lane was stopped by a cop car that was just parked in the right lane at a green light doing nothing there were other cars behind the cop car but there was about 1 car space between the cop car and the car that was behind her (the reason for space was because there is a McDonald driveway for which space was left so a driver exiting McDonald parking lot can enter the lane). Well neither I nor the driver exiting McDonald parking lot saw each other. The other driver was trying to enter the left lane and hit me on my right side. My right front passenger door was damage badly, damage was also caused to right front fender and right back passenger door.
Answer
Dear Angel L.,
From the sound of it, you were the party with the right of way inasmuch as you were already on the roadway and the other car was trying to enter the roadway.
The other car can plead interference from vision because of the cars blocking his sight, but it is still his responsibility to ensure the way is clear before he moves. And if he really cannot see, then he has to go very slowly, which he did not do.
Thus, you have him coming out between the two cars and striking you, leaving you with a claim against him for damage to your car and for any personal injuries sustained.
He may not carry "collision", but that is not the part you will be claiming under, since "collision" covers just damage to one's own car. Just submit your claim to his insurance company and they will pay it under his "liability" coverage.
If he has any insurance at all, he has to have "liability", as that coverage is not optional. Thus, you will be making your claim under that part of his policy.
You can read some tips on your rights to repairs and values for lost property on my website at the following link: http://www.settlementcentral.com/page0007.htm
I trust that this information is of help to you, and thus I would respectfully request that you leave me some feedback on the form provided on this website.
Best Wishes,
Dr. Settlement, J.D.
www.SettlementCentral.Com
