I have Alliance United insurance and my aunt who is also included in the insurance was driving the car on an early morning when a car hit her while she was waiting for the red signal light to turn green. The driver that impacted my aunt was neither insured nor included in the insurance that the car has. The insurance that the car has said that their is nothing they could do since the driver was not and is not included in the insurance of the car.
If you have collision coverage your own insurance will pay for the damage to your car and your carrier will pursue its subrogation rights against the at fault driver and/or owner. If there is recovery on that claim, you may even get your deductible paid.
If you do not have collision coverage, your option is to sue the driver and owner of the vehicle for property damage unless one or the other will voluntarily pay for your damages. Good luck.
I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference
Car / Auto Accident Lawyer
Your question really has several phases. First, I am assuming that you do not have collision coverage ---otherwise, you would be covered. You must file a DMV firm SR-1 right away. Follow up with an SR-19 firm 45 days later. This will both definitively search for insurance coverage AND punish the uninsured driver by suspending his license for one year.
If you maintain uninsured motorist coverage, you would have to follow this procedure to secure coverage anyway.
You should consult with an attorney on this.
Car / Auto Accident Lawyer
File a claim with your own insurance. If you had uninsured motorist coverage your car as well as your aunt's personal injuries could be covered under your UM coverage. Consult with an attorney also. Good luck.
The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.
Family Law Attorney
If you were not at fault, immediately consult a personal injury attorney in your area to pursue a negligence claim. Best of luck.
I am licensed in California, therefore, my answers are based on general prinicpals of law or California law, which may not be applicable in your jurisdiction. Answers posted to Avvo are for general information only. Do not conclusively rely on any information posted online when deciding what to do about your case. Every case depends is fact dependent, and responses are limited to and is based on the information you posted. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.
10 lawyers agree
Lawsuit / Dispute Attorney
If the driver was driving with the permission of the owner, there should be coverage even if not specifically named.
If you'd like to discuss, please feel free to call. Jeff Gold Gold, Benes, LLP 1854 Bellmore Ave Bellmore, NY 11710 Telephone -516.512.6333 Email - Jgold@goldbenes.com
7 lawyers agree
Defective and Dangerous Products Attorney
When the driver of a vehicle hit by another driver and that other driver's insurance company denies coverage or gives some excuse as to why it does not have to pay, that insurance company may not be telling the truth, the whole truth, and nothing but the truth. Insurance companies don't make money by paying out on every possible claim. They make money by not paying out on claims. Because insurance policies vary, and the laws that govern insurance carriers are complex, and because things are not always as they seem, a personal injury attorney is often necessary to sort out who can, should, and will pay.
Paul J. Molinaro, M.D., J.D.
Attorney at Law, Physician, Broker
Fransen & Molinaro, LLP
980 Montecito Drive, Suite 206
Corona, CA 92879
www.fransenandmolinaro.com / www.888MDJDLAW.com
"When you need a lawyer, call the Doctor... Call Paul J. Molinaro, M.D., J.D... Call (888)MDJDLAW."
* This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy.
** Fransen & Molinaro, LLP practices in the areas of personal injury, medical malpractice, and real estate law.
Paul J. Molinaro, M.D., J.D. ... Attorney at Law, Physician, Broker... Fransen & Molinaro, LLP... 980 Montecito Drive, Suite 206... Corona, CA 92879... (951)520-9684... www.fransenandmolinaro.com / www.888MDJDLAW.com... "When you need a lawyer, call the Doctor... Call Paul J. Molinaro, M.D., J.D... Call (888)MDJDLAW." ... * This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy... ** Fransen & Molinaro, LLP practices in the areas of personal injury, medical malpractice, and real estate law.
6 lawyers agree