Expert: Bennie719 - 4/17/2008

Question
my house was hit by a car.
car one had insurance. collided with car two.
car two hit my house (they do not have insurance) my homeowners had lapsed.
what do i need to do to get my home repaired?  est. at this time at about 18,000
car two has lawyer fighting to prove it was car one.

Answer
Hi Sandra,
You will have a legal right to collect from the driver that was determined to be at fault.
If the car with insurance is determined to be at fault, he will be responsible for damages to the other car and to your home.  His insurance policy will pay no more than their policy limits.  If he only had the state minimum, it might not be enough to pay the full damage to the other car and to your home.  If this is the case, each of you will be offered a percentage of your damage, and you can accept that as a settlement and release the driver against any future claim (the insurance can't pay you without a release of future claims, because they owe the driver a legal defense if you go to court) or file suit in civil court for the full amount.  When you win in civil court, the insurance will then pay their percentage and you can use legal efforts to try to collect the balance from the driver.

If the car with no insurance is found to be at fault, you will need to file a claim in civil court for your $18,000 in damages.  When you win a judgement, then you can try to collect from the driver.

I hope this information is found to be helpful.
Your feedback by rating my answer will be appreciated.
Sincerely,
Bennie
San Francisco Bay Area