Expert: Ron Cercone - 10/22/2009

Question
QUESTION: I was driving a 2009 Honda Accord in NYC on a 2 way street where one lane goes each way with a double solid yellow line. I was driving around 30-40 MPH westbound where suddenly i see a 2001 Ford Van right bumper comes out of the back of a bus/trucks rear on the other side of the street and turns left also going westbound. He was coming out of a driveway and he collided onto my drivers side rear door. I went and filed a claim through third party and i gave my statement in last tuesday and i called into the car shop today where i have left my car because of the damaged metal scraping against my rear tire. The car shop told me that they came in earlier this morning to inspect the car and other stuff but then he told me that the guy who is at fault has "No Good Pay" or something close to that. So what should i do now?

ANSWER: Guang,

I don't know what "No Good Pay" means. If you are saying that the other driver's insurance is out of force because he failed to pay his premiums, then all I can say is turn in the claim to your own insurance company and let them try to collect back from the other driver. However I don't think the other drivers insurer would be taking your statement and inspecting your car if the policy was out of force. So again, I don't know what "no good pay" means.

You could also sue the other driver in court even if he has no insurance.

---------- FOLLOW-UP ----------

QUESTION: The thing is that both of us has AllState insurance which is the same company. Oh i see but today the car shop receive a phone call from AllState saying that they are unable to contact the other party for some kind of reason. So i would be unable to get the claim unless AllState gets in contact with the other party is that correct? Also in my case, who would be at fault here?

Answer
Guang,

I suggest you turn in the claim to your own insurer and let them try to collect back from the other driver if he was at fault. Allstate can't refuse your claim just because they can't contact the other driver. Allstate will get all of part of your deductible back. In fact they may waive the deductible since you are both insured with Allstate.