Expert: Doctor Settlement - 7/27/2006

Question
Dear Dr. Settlement,

Thanks a lot. Following your advice, it works for the first step. I have a rental promise from the insurance company. And the insurance guy in charge of this case said he would keep calling that driver though there is still no response by far. I have no idea of the insurance claim process. And all the friends of mine had no experience of such a situation. Do you think the insurance will have some result eventually if that driver never gives any response?

Have a good time!
Lu


Answer

Good to hear that we made a little progress for you, Lu.  

The insurance company will NOT go to your rescue if their insured will not cooperate.  They will just sit tight.  After all, she has to be the one who is in need of their services, not you.

In other words, your cause of action is against HER, not her insurance company.  

The best way to get action is to file the suit in small claims.  Give notice to her insurance company, but make sure you have proof notice was given (i.e. a witness or certified mail).

You can get a judgement against her.  If no one wants to satisfy (pay) your judgement, you can bring her in for supplemental proceedings.  She will have to come in or a bench warrant will be issued for her arrest.

Also, you can find out where her bank accounts are and you can garnish them.  Plus, she will have to pay your fees and costs for going after her.

BUT, I would bet that long before you garnish anything, her insurance company will get involved and pay you off in full.

Keep me posted if you want.

Best Wishes,

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