I was involved in a car accident. The at-fault party was an unauthorized driver of a rental car with no insurance.:
I was rear-ended by an unauthorized driver of a rental car, who also doesn’t carry personal car insurance; causing an estimated $3,000 in damages to my vehicle. Police responded and cited him at fault. The actual renter of the car purchased the rental company’s protection plan, but the rental company is denying my claim because the driver wasn‘t authorized.
I do have uninsured motorist coverage, however my deductible is rather high. I contacted the driver and he offered to have my car fixed by a friend, which I declined because I want it to be repaired by a legitimate shop. He stopped replying after I told him about the estimate repair price.
What is the best course of action for me?
Kevin’s answer:
Even though that at-fault driver is uninsured, he still owes you for the damage to your car and other potential losses, including personal injury if you were hurt. Unfortunately, he most likely doesn't have the money to pay you. You could sue him personally, but again, even if you got a judgment, he might not be collectable.
If you have "uninsured motorist property damage coverage," that should take care of the damage to your car without having to pay a deductible. Not everyone carries that coverage.
You probably have collision coverage. That will cover the damage to your car without regard to the other driver's lack of insurance or whose fault it was. However, the collision coverage is probably where you have the deductible. You may have to just go that route and pay the deductible. Maybe he could pay the deductible amount, but again, not likely. If your insurance company pays any money as a result of this accident, they could go after him to recover what they paid. You should probably talk to your insurance company and see if they are going to try to go after the at-fault driver and get your deductible back from him too.
Good luck.
Finally, if you were hurt, you could make claims against your insurance for medical payments coverage and uninsured motorist bodily injury coverage. Most people have both of those coverage's, and you likely do too.
I am being sued for $50,000 for "pain and suffering" from an accident I was in in 2015. Should I file for bankruptcy?: I was at fault in the accident, I also suffered injuries. My insurance company paid out and decided to drop me as of a few days ago. I am just now receiving notice of the lawsuit.
Kevin’s answer: Your insurance company owes you a defense to the lawsuit filed against you. If the accident happened in 2015, any lawsuit would have been filed in 2017 at the latest. Ohio has a two year statute of limitations. There may have been litigation proceeding against you that you weren't aware of. Were you ever contacted by a lawyer from your insurance company? Call them or call your insurance company and find out what's going on. They owe you answers. As long as you were insured at the time of the accident, you should be OK. If they settled the claim, they should have secured a release of claims against you. Also, check the court docket. Most county clerk of courts have online records. See if the case is still pending or whether it was dismissed. Good luck.
If I'm a passenger and the driver hits a deer can I sue?:
I was a passenger and the driver hit a deer
Kevin’s answer:
If the driver was somehow negligent in connection to the deer strike, you could certainly make a claim against them. If the deer darted onto the road, it would likely be considered a "sudden emergency" for which there is no liability on the driver.
In either case, you might also be entitled to medical payments coverage under the driver's insurance policy, or your own insurance policy, for medical expenses you may have incurred.