How do I claim my deductible and rental car insurance from someone without insurance?
Friday, May 28th, 2010 at
1:03 pm
What is the best way for me to get my money back (deductible and rental car costs) from someone who caused the accident, but who’s insurance turns out to not be valid? She is insured with Geico, however when I called them – they said it is likely that there is something wrong with her policy and they will probably not cover the cost of the accident. I’m guessing she didnt pay her monthly bill, or something similar which caused them to void her coverage. Can anyone suggest what I need to do to recover my expenses for the accident she caused?
Tagged with: Car Costs • Geico • Insurance • Money • Rental Car
Filed under: Car Insurance
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Legally, your carrier is abrogated to your right of recovery. As you may know, this is just for the amount that they pay. However, your carrier has as much right to _anything_ paid by the other person as you do. So if you collected anything from the other person, your carrier would legally be entitled to at least a portion of it.
You could let your carrier seek recovery of the amount they are owed and usually this would include asking for your deductible but seldom will they ask for your rental payment. Also, it’s unlikely that they will collect much of anything.
With that said, about your only recourse is to file in small claims court. This will get you a peice of paper called a judgement. It’s not money… it’s just a judgment. Still no guarentees you will be able to collect. If you could/do… I’d say keep it and let you carrier find out on their own if they can. That is just my opinion.
My other recommendation is to make sure the police or at least the state knows that this person is uninsured (if GEICO confirms this). That way the state can suspend the person’s drivers license until they pay you what she owes. If the state does not find out, she will continue to drive and cause someone else the same loss you suffered.
1. Depending on your state, you may be able to collect using small claims court.
2. Otherwise, if you have uninsured/underinsured motorist coverage on your vehicle, you can use that and your insurance will go after her.
3. Sometimes other insurance companies like to dink around hoping that you will pay for your own repairs. You can make a complaint with your states insurance board/attorney general’s office/better business bureau or you can let them know that you plan on filing a complaints(sometimes that puts a little fire under them and suddenly paperwork gets found and claims go through.)
Good Luck!