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.
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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.
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.
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If you were not at fault, immediately consult a personal injury attorney in your area to pursue a negligence claim. Best of luck.
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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
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.
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