Sunday night my daughter (age 18) whet to the store (SHE IS NOT ON MY LIABILITY INSURANCE) while turning the stop sign a 2010 i think lexus crashed into her at full speed while smoking marijuana i should add making major damage to my jeep. it was 2 blocks down my house so i rushed there and my daughter is not hurt physically but mentally. we got a police report and everything. today i went to get the police report and found out he has NO INSURANCE. Basically, my question is what can i do now? i mean i have liability does that mean i should just let this go? My truck is at a truck pawn as we speak and i need to know if i will recive my money back as is was not my fault but his.
If you have collision coverage and your daughter was not an excluded driver (even if she is not listed on the policy) your insurance company should pay for the loss. If you do not have collision coverage but you have uninsured motorist coverage for property damage, your company should cover it. If you do not have UM coverage but you did not waive it in writing, your company must provide the coverage. (If you did waive it, get it next time. It's great coverage and it is usually cheap). If you do not have any of these coverages on your policy, then you can report the collision to DPS and see if they will suspend the other driver's drivers license. They have a procedure for this, and if you can get them to do it, the other driver will have to make arrangements to pay you or lose their license and registration. It's a pretty good club to wield.
Henry Moore, Attorney
Board Certified, Personal Injury Trial Law
316 W. 12th, #318
Austin, Texas 78701
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You should immediately contact a local attorney as there could be personal injury to your daughters mental well being and or her physical self in the days and weeks to come. Also, in regards to your truck, an attorney can ensure you receive the credit you deserve.
Check out my website below and give me a call for a free consultation if you are a California resident 877-427-2752 or you can email me at Michael@Kingofpersonalinjurylaw.com
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Review your Auto insurance policy to see if you have UM (Uninsured Motorist) coverage. If you do, then provide your insurance with a copy of the Police Report showing the other motorist does not have insurance and the UM policy should take care of the Property Damage and Bodily Injury claims. There might be a deductible for the Property Damage claim.
Also, if you insurance company says that you do not have UM coverage, then ask for a copy of the denial of UM coverage you signed. If they cannot provide you with a copy of the denial, by law, they have to honor the coverage. If this policy is unavailable to you, you might want to call the Attorney General's office Crime Victim's Compensation Fund Department to see if you qualify for compensation. However, you always have the right to sue the at-fault driver for damages but collecting on those damages will prove difficult without insurance.
Lastly, you should get your car out of the storage facility as storage fees will accrue rapidly and you have a duty to mitigate your damages. You should contact an attorney in your area for legal advice and representation.
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