Expert: Richard Hixenbaugh - 5/22/2011

Question
I was in an accident in my fiancee's car in a McDonald's parking lot earlier this month. We filed a claim with his insurance company, because I was stopped behind two other cars in the exit when the other lady hit me in the rear driver quarter panel just over the rear driver side tire. When we tried to lodge a complaint with her insurance company we were told that her insurance was cancelled on April 5, 2011. What should we do? Should I file a claim in small claims court?

Answer
Hi Krystle,

If there was a police report, then you can try to contact the police officer to inform him that he was provided with false information. The police officer should then contact the other driver to get correct insurance information or issue a ticket for not having insurance.

It is possible that the insurance was in the process of being reinstated but you just have to get that information from the driver. If there ultimnately is no insurance then you can place the claim through your fiance's insurance. After her car is repaired her insurance company will go after the other driver for reimbursement.

If all else fails, you can go to small claims court. But even if you will you then still have to find a way to collect the money.

I hope this helps
Richard Hixenbaugh