Hit by Unlicensed Driver - Should I get a Lawyer? (rental car, rental)

[BDD8484]

Long story short... yesterday morning someone ran a red light and hit me on the front driver side corner as I was attempting to make a left hand turn. Luckily I have a pretty big pick up truck and the other car was a smaller sedan (so my truck won!) and we were for the most part alright. I am little sore and bumped my head and now have slight headaches, am going to visit urgent care after I get off work. The other driver seemed uninjured in the accident.


It turns up that the other driver does not have a drivers license and he was arrested at the scene for driving without a license. He was also charged with at fault of the accident (I have 2 witnesses!). To complicate things worse he did not speak any English, he had 2 women (I believe his mother and sister) meet him at the scene and they also did not speak much English. They did not say one word to me (a sorry would of been nice!) nor did I say one word to them. Also, because they did not speak English I was unable to get their name or insurance information. I now have to wait to pick up the police report until I get this information. I was pretty shaken up but if I was smarter I would of got it from the officers at the scene.


So my question is what should I do? Should I contact a lawyer? I am not trying to make thousands of extra dollars off this. I just want what I am entitled to. I want to be reimbursed for my rental car, medical bills, the cost of fixing the truck, and any diminished value. I also believe I should be entitled to a few extra dollars for the hassle this is going cost me.


I contacted my insurance agency but have not filed a claim yet. I would rather file a claim directly with the other drivers insurance company. I am waiting till the police report is released until I get the needed information.


Has anyone been in a similar situation and have any advice?


Thanks!

[fieldm]

Nall. Just take that L. Thats why you pay insurance.

For me its too much of an hassle to hire a lawyer even though you will probably get that money back once you win the case

[residinghere2007]

I also would not hire a lawyer. I'd get the police report for their information but let the insurance company handle it because I wouldn't want to be bothered with the time and expense of getting a lawyer involved.

Since they don't have a license, they don't have insurance either unless the car has insurance from another person. If they do, and you find that out, I would maybe contact a lawyer to sue the insurance company if they didn't take care of everything to your satisfaction.

But with people who don't have insurance or licenses it will just be a waste of your money IMO to hire a lawyer, especially if you have full collision coverage or uninsured motorist coverage and you were not at fault.

[JPD]

A close friend went through almost the exact same thing. His dad was a lawyer, and they pursued legal action against the uninsured driver. The case dragged on forever and went nowhere. Giant waste of time.

[jeoff]

Trying to get blood from a stone.

[Ted Bear]

Let your insurance company deal with it. They will advise you how to proceed.


Some years ago I was hit by an uninsured/unlicensed motorist...my insurance company paid me everything, then went after him. He was "broke" and my insurance company dropped it rather than try to get blood from a stone....as noted above.


IF your insurance company isn't giving you reasonable satisfaction in a short period of time, see a lawyer.

[sedimenjerry]

My mom's car got totaled by someone who was uninsured. Once she got her new car it was almost like it had never even happened. State Farm took care of everything. I would think it would be the same for you.

[atltechdude]

Agree with the others. Very little chance they have insurance if they had no license.

So I hope you have uninsured motorist insurance on your policy because this situation is why you need that.

Assuming you have that, filing a claim under that will be the quickest way to put this behind you.

[lorilove]

Originally Posted by BDD8484

...

I contacted my insurance agency but have not filed a claim yet. I would rather file a claim directly with the other drivers insurance company. I am waiting till the police report is released until I get the needed information.


Has anyone been in a similar situation and have any advice?


Thanks!

That is not how auto insurance works. You file a claim with your company - he files a claim with his company and the two companies work out who pays what and they don't necessarily disclose this to you


There is no mechanism for you filing a claim with his company directly.


Auto insurance is a very standardized industry. At best you can try and sue him for whatever your insurance does not cover but this is most likely a long shot.

[atltechdude]

Originally Posted by lorilove

That is not how auto insurance works. You file a claim with your company - he files a claim with his company and the two companies work out who pays what and they don't necessarily disclose this to you

There is no mechanism for you filing a claim with his company directly.

This is false. In an accident where the other driver is at fault you can file a claim with his company who pays you based on his liability policy. That's how I've always done it. It can probably work the way you are describing too though with your insurance filing with his on your behalf.

In this case though, the other driver almost surely does not have insurance.