accident...sue?

[japboy06]

well...unfortunately...about 2 months ago..i got into an accident with some dood...the story goes like this...

....i was driving to skool and the way to school goes through some small mountain passes...so i was going around a curve....not making a turn but going around a curve...then when i come out of the curve...theres a truck in the middle of the intersection...perpendicular to me...that was trying to make a left turn into the lane going in the opposite direction...i tried braking...brakes locked...BHAM!...he was pretty far from the line of the stop sign...about 10 feet...there was no stop sign no light signals for me...but he had a stop sign...

...unfortunately...we exchanged insurance info...blah blah...his supposed insurance company contacts me...saying that he wasnt covered by them...so he lied...he had no insurance...so my insurnace guy ended up contacting the owner of the vehicle...who was a different person...owner said shell call him back...never calls back...my insurance guy left lots of mesages...she never tries to contact back...neither does the driver...so we send letters...still no replies...btw...i have liability

...my question...what do i do...ive never been in a situation where litigation is involved...so if anyone has been in a situation like this before...can u pls help me out...i wanna leave with some money...stupid assholes cant take responsibility for his mistakes...any help is appreciated...thanks

summary:
-got in accident
-guy uninsured
-doesnt respond to letters
-now what???

ill try to see if i can get pics of my car up n sheit

[SilviaNinja240]

I think if the other guy doesn't have insurance, your'e screwed. The damages might have to come out of your pocketbook, ethier that or your premium goes skyhigh. On the bright side, the other dude could face some jailtime for not having insurance. (I think that's how it goes)

[MakotoS13]

should've got his Driver's license dude... i don't trust anybody with my money.

[nismo2491]

should have called the cops when it happened so there was a record. you can definitely sue, should be pretty easy win. and there may be some legal stuff you can do too.
KEvin

[GlacierFreeze]

Yeah, if it's the other person's fault, ALWAYS call the cops and get a report (in case shit happens). But yeah, I'd sue if it wasn't my fault at all. Why should you have to pay for damages to your car caused by someone else? EFFed up.

[Phlip]

Actually, what should happen, as I have seen happen before in NC, you're insurance should include something like an "uninsured motorist" coverage, where they would go ahead and pay what needs to be paid, then they will file action against the guy, he will NEVER be able to get a license back until he pays back that money, or at least what the insurance company settles up with him for. This should not cause your insurance to go up, but you should have his license number for this to work, I hope you got that.

[Jeff240sx]

I don't think... skool werked for you... you cant type for shit... and it pisses me off... but youll need the doods stuff... and stuff.

Phlip, uninsured motorist coverage is an additional coverage that has to be asked for and bought when you get the policy. Most people opt not to get it, seeing as insurance is mandatory to drive, and most people think "What are the odds I hit someone with no insurance."
-Jeff

[autobahNESSA]

you have no choice but to sue. If you only have liability, your insurance has no reason to pay for you damages or to even go after the guy. Sounds like your agent is trying to help, if he is sending letter and trying to contact them. But your insurance is not responsible since it sounds like the truck driver is at fault. YOu should have gotten a police report. Hopefully you have enough information on this guy to take him to court.
But sueing is all you can do to get your damages, you need the court order to collect payment unless you work something out with the driver. No matter what get everything in writing otherwise ur screwed.
Chris

[japboy06]

Alright, I know that I have to sue. But someone mentioned something about arbitration. If I'm not mistaked, that involved some kind of agreement between the two parties for it to work out. Too bad that's not going to work out, the driver and the owner of the vehicle have made no effort in contacting me or my insurance guy. There were police on the scene, but because he did give me an insurance company, we all were under the impression that he was covered. I do have all his information, like his diver liscense number, home address (if it is the real address), phone number, and the owner's home address and phone number.

I want to make my case solid, so is there any prior paperwork or things that I need to do beforehand in order to make it better? I was thinking, would I call the DMV or would I call the police to have his liscence removed? Thanks, Oh yeah, sorry about the grammerr problems haha.. I appreciate all the help.

-Ito

[rancid240]

Usually police will only file a report if someone is hurt, or there is damage to something other than the vehicles. When I got in my accident, they were called but made no report.