I was involved in a car accident. A drunk driver was driving heat to head, I was avoiding collision, and he hit my car. The police arrested the driver, I also have a witness. The driver didn't have a license, was not the owner of the car, and didn't have insurance. The car owner does have insurance though. I also have insurance, and I am insured from Unisured motorist accidents. However, my deductible is $1000, and looks like the car may be totaled, in which case I am losing a lot of money because the insurance company will use KBB value or something for refund. If the car is repaired, I also lose, because my car value drops.
What should I do? Is there a way to get my deductible back from somebody? Is the only way to file a suit against the driver? What are my chances of winning? How much does it cost? How should I behave with my insurance company?.... Any advice is highly appreciated.|||Your insurance company should have the information on the vehicle's owner. Generally auto insurance follows the car so anyone with permission can operate it. Therefore, there should be coverage under the owner's policy.
If your insurance company does not pursue the owner's policy you can do so in Civil Court. If you win in Civil Court and are not paid, file a lien against the owner's property (home). You will eventually get get at least some money back.|||Good Luck! This is why I feel uninsured drivers should have their licences suspended! You are going to have to go to small claims court. If the other driver was cited "at fault", most likley you will win. This is just going to be a long process. Sorry you are going through this. But I would call your local county court to find out the process for a small court claim.|||Your insurance company should deal with it if you are not at fault check with them you may still have to pay deductible but that person will have to go to court and buy rights they should have to pay all and possible the car owner maybe in trouble also good luck|||take them to court
make sure you have a police report|||Talk to your insurance agent about your options. They have seen it all before and really are at least somewhat on your side.
You can sue, but I bet you'll quickly discover it to be a no-win situation. I can easily see the driver and owner just doing some shuffling to avoid getting hit with the bill, and dragging you through more and more nuisances.
In the meantime, keep really good records- who you talk to, dollar amounts involved, everything.
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