A car crashed into my parked car but the guy doesnt have insurance and I have liability what do I do?
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A car crashed into my parked car but the guy doesnt have insurance and I have liability what do I do?
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This guy who has been arrested for DUI multiple times crashed into my parked van. I called the cops and stuff because the guy was sleeping after he hit my van and they took him away to a hospital where they arrested him for DUI. Now I found out that this guy doesnt have insurance and I only have liability--how can I get my money? He totaled the back side of my van. Does the state give me the money and makes him pay it back? What happens? please tell me what I should do--should I search for a lawyer?
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mbrcatz
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You're only way to get money, is to sue him personally, and get the judgement. Then YOU have to make him pay it back, and get an attachment to any wages he might have.
No, no one hands you money, if you don't buy collision insurance. You're on your own.
Depending on how much the damages are, you might be able to sue him in small claims court, which would save you the cost of an attorney. I'd imagine the attorney fees will probably run you around $4,000 to $5,000 if you hire an attorney. Of course, you put that amount in the suit, but you still pay the attorney up front, and have to collect an extra $XYZ dollars from this guy.
It's probably a waste of your time, but worth it to go through small claims court, as it will probably cost you less than $100 and less than one day of work. |
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ALFimzadi
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Well, obviously file charges against him (if they let you). Otherwise you need to file a lawsuit against him. Depending on how much damage has been done to you vehicle, this may or may not be small claims court. Some cities might include this type of accident as a crime incident, and therefore you might be able to receive victim compensation, but I doubt it. You'll need to have copies of your police report, damage estimates and repair costs, medical bills if any, etc. and then go to court. The judge will most likely rule in your favor, and then depending on how much money this guy has, if he has a job, etc, will depend on how fast you'll get your money. If he files taxes, the government will hold his tax refund and give it to you toward what the judgement for you would be. Good luck, I feel for you. |
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rockyfella25
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you have to get a lawyer and sue the guy who hit your car |
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sdriver03
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unfortunately you only have two options in your case!!! you either get a lawyer or you take the guy to small claims court yourself.. |
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the bad seed
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you will have too sue him....even after you win in court good luck getting him to pay up...i have had a judgment for $150,000 against someone for years ...I'll never see a dime |
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frank
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sue him |
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jdhs
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The only recourse you have is you'll have to sue the person who hit your car. Talk to an attorney to find out how you can go about doing this. If the damage is less than $5000, you can take him to small claims court. |
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holmesla327
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Unfortunately the only way to get him to pay for the damages to your car is to sue him. But if he has no money than that is a waist of time. Your insurance will only pay for the other person's car, and you don't have full coverage or underinsured/uninsured motorist insurance, so you are really SOL. Sorry to say this. The state is not going to give you money. |
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nj2pa2nc
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small claims court but even if you win he sounds like a deadbeat to me- if he has no job or personal property there will be nothing to collect from. You can try-happened to me years ago-i won but never collected. |
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toby
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That is what uninsured motorist coverage is for. It would not matter if the at fault party was an illegal alien with no license who has 10 prior DUI's, this coverage would fix damages to your vehicle caused by an uninsured driver. Your agent should have advised you about this coverage when you purchased your policy. In Texas, UM is a coverage that must be signed away, meaning that if you don't specifically opt out of it, you have it and will be charged a premium for it. In the absence of this coverage, you will have to sue the at fault party. Good luck recovering your damages... |
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TiderFan
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As everyone else has stated, a lawyer is your best bet. Your case a little different than mine a few years back, I was hit by a drunk driver and he was never actually charged with a DUI !? I don't know if this was the troopers/states way of denying accountability or not, but this guy had several DUI's on record but still had his license !!! |
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♥ Uwish ♥
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You would have to take him to small claims court. However chances of you getting anything from him are most likely none. If he doesnt have money to pay for insurance, odds are he doesnt have money to pay you for your damages. Call your insurance company and see if you uninsured motorist coverage for property damage to your vehicle.
If not, seems like you are sol, sorry to say |
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UCANTCME
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SMALL CLAIMS COURT, GARNISH HIS WAGES AND PUT A LIEN ON ALL OF HIS PERSONAL PROPERTY. |
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