I'm sorry in advance my typing skills and punctuation are terrible my car was recently totaled when a man ran a stop sign and hit me I found out after that my insurance had run out about a month before and I didn't realize it and now I'm hearing he didn't have insurance either I have called the officer whos name was on the report but got no call back and no one has gotten ahold of me at all about and its been a month so I'm kind of lost here please help if you can
How did you find out that the other driver had insurance? If the police came to the scene, then they must have the other driver's info? There may be other ways to get coverage depending on the facts.
Contact a local attorney. They might be able to help you. Avvo is a great place to start
The at fault party is responsible. Depending on the amount of damage you could sue the other driver in small claims court if they are not willing to work out a settlement. Good luck
If the adverse driver really does not have insurance and neither do you then your options are limited. You can still sue the other driver for your injuries, both physical and property, however, if there is no coverage for the accident then you will have a difficult time collecting on any judgment you may recover. Hopefully, the adverse driver has assets you can attach. The process for accomplishing this can be filled with loopholes and pitfalls. Your best bet is to find an attorney to help you. Avvo has a good find a lawyer tool that should help you find an attorney in your city. Good luck.
One who has a duty to another, but who negligently breaches that duty, is liable for all harm proximately caused by his negligence. The man who hit you had a duty to you to stop at the stop sign, but he ran it, totaling your car; under general principles of law, he is liable for the harm he caused.
But liability is one issue, and the ability to collect on a judgment that the tortfeasor is liable is another issue entirely. A person harmed by the negligence of another may bring a civil suit for the purpose of making the person whole, and may obtain a judgment.
If the judgment can't be collected at the time it is rendered in plaintiff's favor, it earns simple interest at the rate 12% per year, which is 1% per month. Suit may be brought on the judgment within eight years of the time the judgment is rendered; an aging judgment may be renewed by bringing a new suit to renew the judgment.
But at the end of the day, if the tortfeasor has no assets out of which to satisfy a judgment, the plaintiff enjoys merely a moral victory, and has a piece of paper entitling him to a certain sum of money out of the tortfeasor's assets which is worthless, because the tortfeasor doesn't have assets. Sometimes wages can be garnished if the tortfeasor has a job, but garnishment can be an arduous and expensive process. Also, the judgment can be filed in the land records where it operates as a lien upon real property owned by the tortfeasor, although often there are senior liens such as first mortgages which must be satisfied first if the tortfeasor decides to sell his land.
Not legal advice, just general information and analysis for educational purposes. Consult Vermont counsel in person for legal advice tailored to your specific circumstance.
Then it is best to have a local lawyer investigate. Avvo has a terrific "find a lawyer" tool to locate a top-rated Avvo attorney with a low contingency fee. Good luck.
Under a Vermont statute which was amended a few years ago, the police department now has a longer time period, 45 days, to complete a traffic accident report and forward it to the DMV in Montpelier.
You may be able to short-circuit this wait time by calling the local office of the Police Department which investigated the accident. See if you can get a copy of the report directly from them. The report will detail what insurance carrier the adverse driver supposedly had. The adverse driver was also required to file an operator report of the accident with the DMV within 72 hours of the incident. You can get a copy of the adverse driver's report by contacting the DMV. The report includes details about the adverse driver's insurance coverage and policy number etc.
If there is no insurance anywhere, you will be forced to take the adverse driver to the appropriate court. Small claims will handle matters up to $5000.
If this information has been helpful, please indicate below.
Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received. In
This ans. does not create an attorney/client relationship.
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