Expert: Richard Hixenbaugh - 7/8/2011

Question
I was involved in a minor fender bender a couple of months ago. Because the damage to my car is less than $500, the police officer that came said I didn't have to file a report instead he would just switch our insurance information but when he pulled up our information he discovered that the other party who was at fault was driving on a suspended driver's license so the officer decided to just fill-out a report.

When I file a claim on her insurance (Progressive), her insurance said that she doesn't have a valid coverage with them because she didn't pay her premium. I couldn't get in contact with her because I don't have her phone number only her address and her insurance even said that she doesn't answer her phone. I didn't have the "Uninsured Motorist Insurance" on my insurance so I cannot file a claim with my insurance. I would like to know what I can do to get the lady that hit me to pay for my car damages. Is it possible to put a lien or something on her driver's license? How much would it cost me if I take her in small claims court? And what other options do I have that would not cost me?

Thank you.

Answer
Hi Nell,

This is a tough situation to be in. Your case4 is not big enough for any attorney to be willing to help you. If you have collision coverage you could use that but your deductible is likely to be $500.00 so there would be no payment.

The only thing you can do is to go to small claims court. It will cost about $100.00 to file the law suit. You will have to prepare our case to esplain everything that happened to the jusge. You need to get the insurance company to send you a letter stating that the other drivers insurance was cancelled for non payment. Even if you win your case, you may never get any money. You will receive a judgement which is a piece of paper that says someone owes you money. Then it is up to you to try to collect it. You can try to garnish her pay check and that kind of thing.

I hope this helps
Richard Hixenbaugh