My husband was involved in an accident on busy street. He claimed he did not have DL. Not sure if it was suspended or if he left at home. We did not call the cops. Instead we got the wife/girlfriend’s DL information and plate number and said that the insurance info was left in a different car, but never asked our insurance info. We had our insurance agent call him/her, they told our agent a different side of the story and where lithe accident occurred. They refuse to give us their policy number say they’re not at fault due to weather. I am think the driver has suspended license and no car insurance. What should we do?
Two options: (1) turn it in to your insurance company who will chase the claim; (2) sue the other driver.
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The lack of a police investigation will cause you several problems. It might have helped establish the other driver's liability for the crash. The police would also have determined the other driver's license and insurance status. The driver's now free to contest liability for the crash absent a police investigation. And, unlike the police, you can't force the other driver to produce insurance information without suing him.
You can run everything through your insurer, pay the deductible, and maybe at some point you or your insurer will recover that deductible from the other driver and you'll be even. Or you can skip your insurer, sue the other driver for everything on your own, hope he has insurance, hope he turns it into his insurance, and hope you win the claim and the judgment's paid by the other driver's insurer or the driver himself if he lacks insurance. But that's not a good option if your vehicle needs repairs now since even a small claims case will take approximately two months minimum to work its way through the system, and that's assuming you win a small claims judgment and the other driver or his insurer pay it. If you instead go through your own insurer, claims against the other driver are basically pointless because you'd only be able to keep the amount that reimburses you for your deductible. Anything else you recovered would go straight to your insurer to reimburse it for the money it already paid you.
I am assuming that your husband was not injured, but if he was, it is important that you contact an Iowa attorney specializing in insurance and personal injury immediately.
If you have collision coverage, you should turn it into your own insurance company and let it pursue the other driver. It should attempt to collect your deductible for you.
Otherwise, your only option may be to sue the other person. While, technically, you can do this without an attorney, I advise you to seek legal counsel.
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