If my car was hit by a driver in a newly purchased car but has not added it to her policy, will this be a problem for the claim I filed?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my car was hit by a driver in a newly purchased car but has not added it to her policy, will this be a problem for the claim I filed?
I have a police report and have filed a claim against her insurance. The driver seems like she does not want to be found as her insurance company is unable to reach her and she is unresponsive to their calls. This occurred over a month ago. Does the car involve in the accident have to be in her policy? What options do I have?
Asked on July 1, 2015 under Accident Law, Georgia
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
The car should have been on her policy. But if it was not, then the insurer is not responsible for paying any claims or damages: an insurance policy is a contract, and the insurer is only obligated to pay for vehicles added to the contract/policy.
You can sue the driver directly and, if you win the lawsuit, recover money from her personally--you could even potentially garnish her wages. Not having insurance doesn't mean you can't be sued or don't have to pay, it just means that you don't have insurance to pay for you. Of course, if she does not have money or much income, you may not be able to collect--winning in court does not mean that there is money when there in fact is none, and you can't collect what does not exist. For claims under the limit for your small claims court, filing in small claims court, acting as your own attorney ("pro se") is often a good option to reduce costs. You can get instructions and probably sample forms from your small claims court, in person or online.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.