Expert: Doctor Settlement - 7/20/2007

Question
Dear Sir,

Recently I had auto accident where I was rear ended. I contacted their insurance company and realized that they where just that once they are find out who is at fault they would decide what needs to be done. So I went ahead and claimed against my insurance company and got my car fixed after paying my deductible of 500 dollars.

I contacted the other insurance company again to claim for diminished value and they told me that they are still not able to contact the insured. And that if insured fails to reply back to the insurance company accepting that it was there fault with in 10 days they will close the case. Thus denying my claim.

All this after they have a police report about the incident.

Please advise me what needs to be done in a situation like this.

Thanks in advance for your advise.

Anil.


Answer
Hi Anil,

This is a game some people play, thinking that the accident they caused will just go away.  Wrong!  Here is what you can do to get his attention.

First, go after his license.  This is the easiest way.  Call your company and find out if they are going to file an affidavit for lack of financial responsibility.

Your state department of motor vehicles or department of licensing has a provision whereby a victim can file an affidavit of loss and injury with the state when a person without insurance causes an accident.

Since he will not cooperate with his company, he is in essence UNINSURED.  The state will then send him a notice that suspends his license until he pays your losses or deposits with the state the money you need.

If he does not, he loses his license.

I would also write to your company and tell them that he is UNINSURED, and as such, you are entitled to claim under your PD (property damage) UIM coverage.  There should be no deductible to that coverage.

Next, make sure that you do not let your personal injuries go unattended.  You make claim under your own policy for the medical coverage for care as needed.

DO NOT LET LITTLE ACHES OR PAINS GO UNTREATED.  They are the signs of soft tissue injury, and must be treated or you will get worse.

NOW, FOR A SECOND POSSIBILITY: sue him in small claims court, but only if you have no injuries.  He will have to report to his insurance company.

Best wishes,

Dr. Settlement, J.D. (Juris Doctor)
www.SettlementCentral.Com