Expert: Richard - 7/13/2007

Question
QUESTION: My car was hit on the back by another driver. I called the police, but the other driver fled the scene of the accident. I was able to take picture of his plate and damage so when the officer arrived he found his info and gave me the insurance name, etc. I called his inss. but after they talked to him they decided to refuse to pay. He lied he talked to the police officer on the phone and he told him that he didn’t need to stay. I smelled alcohol on the guy that’s why he was quick to leave.  I did everything the right way why the inss. Company refuse to pay my damage? Please advice how to protect my rights. Thank you.

ANSWER: Hi Alex, first make a claim with your insurance company and second sue the drunken liar who caused the damage to your vehicle.  His insurance company will most likely settle with you.  Before you sue get two estimates of the amount of the repair and take pictures of the damage.

---------- FOLLOW-UP ----------

QUESTION: We filed a claim, called the police, follow up with both inss company . The other driver inss. company denied our claim based on the false statement(to them) from their client, despite that he fled the scene of the accident, not having inss, card with him, not giving any statement to any authorities other then his ins. company. Can you help me with advice?

Answer
Hi Alex, my advice remains the same.  If your insurance company does not pay for the damages and go after the other driver then you will have to sue him personally in Small Claims Court.  The other driver breached the terms of his insurance policy and that is why they are refusing to defend this claim.  Obtain a judgement against him and collect on it if even in installment payments.  You are going to have to get the Courts involved or else you will never collect on your damages.