QUESTION
Can I sue the driver for fixing my car even if he denies by the insurance company and he was not on their policy?
Asked on Jun 30th, 2013 on Automobile Accidents - Oklahoma
More details to this question:
While I was leaving home in a parking lot a car was backing up, I was driving straight and he back up without even seen me. This guy damages my car, the car was a rental from Budget, but the driver was not the renter of the car nor he was on the contract, I called the police then, the driver gave him a triple AAA insurance, my insurance contact AAA and they said that this driver was never on this policy. So they denied the claimed, same thing with Budget because the renter never purchased an insurance coverage with them. So I went to my insurance for the non- insurance motorist thing and they denied that. My deductible is $500.00, the damage is under $500.00 , is just so unfair what it just had happened to me, I don't have the money to fix my car and this guy is getting away with this so easily.
4 ANSWERS
Ronald A. Steinberg
Sue him in small claims court.
Answered on Aug 12th, 2013 at 8:06 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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That is what small claims court is for.
Answered on Jul 03rd, 2013 at 9:34 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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Yes you can sue the driver. You should do it in small claims court. However, I will warn you that it will be difficult to force him to pay the judgment. In SC the judgment will be against him for 10 years. During that time if he ever wants to get a loan to buy a house, he will have to pay the judgment.
Answered on Jul 03rd, 2013 at 9:33 PM
Yes, you can sue the party who caused the damage. Given the low amount, you can do so in small claims court. Of course, you have to know where to find him and be able to serve him. And then, even once you prevail, assuming you do, you have to be able to enforce the judgment to collect it.
Answered on Jul 03rd, 2013 at 9:58 AM