Expert: Bennie719 - 4/24/2009

Question
A close friend of mine was in a car accident a few days ago and basically what happen was she was hit from behind at a railroad crossing on her way to work. The person hit her hard enough that the entire back window was broken out and the back of her car was was smashed in. Her and her kids were taken to the hospital to be checked out and the person that hit her, we found out later was taken to jail. his license was suspended for other traffic violations. The car however was not his it's his mothers car. She contacted her insurance company but since she only has PIP insurance so there was nothing her insurance company could do for her. She contacted the insurance company that was listed on the police report to file a claim and found out that the vehicle that hit her has no coverage. She is a single parent with 2 kids and she is also taking care of her niece. She has no way to just go and buy another car is there anything she can do to get help with this. she is literally crying everyday and now catching rides to work. I feel horrible that there is nothing that I can do but maybe you can give us some direction. Please note, she also attempted to call the mothers number on the police report and can never get an answer. Can you please give us a little guidance.

Answer
Hi Vena,
Unfortunately, bad things happen to good people.

If the owner of the car has any assets, she could take her to small claims court and probably win a settlement.
Then it falls in her lap to collect from the owner of the car.  the court will render the judgement but provide no assistance in the collection process.

For her and her children's sake, your friend needs to find a way to carry more than just PIP coverage on her next car.

I hope this is helpful.

Good Luck,
Bennie
San Francisco Bay Area