Expert: Richard Hixenbaugh - 1/12/2010

Question
Subject:    Hit and No Insurance
Question:      Someone hit the front of my vehicle with the rear of their pick up truck.  They told me to get estimates and they would pay of pocket.  Well the damages a little over 3,000.  They told me later that their insurance lapse.  Now what?
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Answer:    Either turn it in to your own insurer, or sue the other driver and vehicle owner in small claims court. If the policy lapsed after the accident, the insurer still owes the claim.

New Question:  I didn't call the police to get a police report because the other person said they would pay out of pocket.  Will that hurt me any way to get him to pay for the damages?  

Answer
Hi Gerice,

It should not matter if you have something that can prove the date of the accident. You should still demand that they provid you with the insurance information that they had. That way you can call to verify if the insurance lapsed before the accident. If there is no insurance then you will have to pursue the at fault person directly. If they say they do not have the money to pay then you will haveto fil a law suit in small claims court. However, even if you win the case you may not get paid if the person does not have any money.

I hope this helps
Richard Hixenbaugh