Insurance wont cover my car...need help.?

Keith C

You need to get yourself a lawyer. at the VERY least you need to SUE his sorry A$$ for everything. If he has already admitted to the insurance company he did it on purpose then you have your case in the bag.

Shawn M

I'm at a loss as to why the police didn't charge him with vehicular assault and filing a false report. It isn't too late for them to add or change charges in this case so I would approach them and provide them with his insurance company information so they can verify his admission. You will need a lawyer and you should also pursue a civil action to cover your attorney fees, lost wages and any other lost revenue or out of pocket expenses. You need to find out what the laws are in your state as to his insurance company's liability regardless of his admission of intent. A word of caution before you spend alot of money on attorney and court fees, if his insurance company has the right to not cover him because of his actions check to see if he has a secure job or anything of value you could attach a lien to. Otherwise you will have a judgement and may never be able to collect on it. I hope this helps. Good luck.

Rica 82

It is a criminal matter, however whether he did it on purpose or not, his insurance has to cover it.

If you go and speak with a lawyer, you'll see how quickly his insurance company changes their perspective. If you do go speak with a lawyer, you might as well go all the way with it.

I suggest you speak with a lawyer that does criminal and personal injury.

You can also file a claim against him in a small claims court. Every superior court has a small claims court. If you want to rep. yourself, go to your county courts website and look for the information necessary to rep. yourself and sue him. I would press charges on him too.

ccrider77

You're correct, it's a criminal matter. You have to press charges against him for willful damage and then sue him in court to have your car fixed. Since he confessed (hopefully in front of witnesses) you should have an easy case. Start by filing a police report.

blb

Since he intentionally caused the damage to your vehicle his insurance company is not going to pay anything. There is an exclusion under the liability section of an auto policy that reads "We do not provide liability coverage for any insured who intentionally causs bodily injury or property damage." Since he admitted to the police he did it intentionally the only thing you can do is take him to small claims court. I would get three estimates, take lots of pictures of the damage and file immediately.

RYAN

Any advice that says the other insurance company cannot deny your claim for this loss is POOR advice. If ther other driver readily admitted to intentionally striking you, the insurance company can and will deny all coverage for this loss. Your insurance company can do nothing in the way of pursuing this idiot as the have nothing to pursue since they haven't made any payments.

It would appear that your only option is to file a civil action in small claims court. A lawyer will likely not take the case as they rarely want to deal with only damage to property (there's no money in it for them...they have bigger fish to fry) nor would it likely be make any economic sense to pay a lawyer to do this. If he was given a criminal cite for hitting you, let that play out and, if he's found guilty or pleads guilty, use that verdict in your civil action. If he admitted to the officer at the scene that he struck you intentionally, don't wait for the criminal matter, just file the small claims action and subpeona the officer for his testimony. That will ensure the officer shows up for court and he/she will certainly remember this bozo and help you out.

Good Luck

moslongpimpininla

get you a lawer he is still liable

badmts

this is a bad spot for you -in criminal matter he only has to make judge or jury believe he "thought" he saw a gun ,then in civil matter if you win I doubt a person stupid enough to wreck his own car has anything worth taking and wage garnish is probly fun too cause I would bet he has child support(It's a gift I'm psychic-lol) too . this guy lies to the cops and crashes cars ,etc. if you won and collected at any of these levels he would come back for more -at the risk of sounding like a wuss ,GET AWAY from him and or this area -

furmanator1957

take them to court

bostonianinmo

His insurance company will righfully deny his claim for the damage to HIS car. They cannot deny YOUR claim, however. You should file this with your insurance company even though you only have liability coverage. If they determine that he is at fault, they will subrogate the claim to his insurance company.

You should also file crimminal charges for assault and battery with a deadly weapon. In some jurisdictions this is called vehicular assault.

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