I do not understand, does the driver have insurance or not?
Sounds like you definitely have a case. You should call for a free MVA consult and discuss with a lawyer.
Seth Carroll is licensed to practice in Virginia only. The preceding is for information only and should not be construed as legal advice. Always call a lawyer directly for advice.
You say at first she's uninsured, and then at the end that her insurance is refusing to pay. Does she have insurance?
Other than the damage to your vehicle, were you injured? You can sue the driver in small claims court (up to $25,000) and get a judgment against her for the damages to your vehicle as well as any physical injuries. You would have to show that she was negligent in her operation of the vehicle, other than her license being suspended. If you win, the DMV will put a hold on her license being reinstated until she satisfies the judgment.
Responding to questions on AVVO does not establish an attorney-client relationship between the questioner and any attorney associated with Garrett Law Group, PLC. Responses should be considered and used for informational purposes only. Every case is unique in its facts, and all legal matters should be discussed with a licensed attorney prior to making any decisions or taking any actions.
You have a "case" if you can prove that her negligence caused the accident. If it is your word against hers, then the best story will likely win. If there are "independent" witnesses, then usually their testimony will resolve who wins. You should get a copy of the police report and see what it says about who caused the collision. The insurance company will usually, but not always, make its liability determination in accordance with the police report. If the insurance will not pay, you may not have to sue.
Did you suffer any injuries? If not, I'm surprised that you cannot find any kind of coverage. If it's only property damage, you will likely have a tough time finding an attorney. If there are personal injuries, an attorney would be advisable here as there are multiple insurance companies who may be responsible for your coverage. Contact an experienced personal injury attorney in your area soon. Good luck!
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