the person that hit my truck was not covered by her moms ins i was rear ended and now the ins wont pay because she was an excluded driver

UPDATED: Oct 1, 2022

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the person that hit my truck was not covered by her moms ins i was rear ended and now the ins wont pay because she was an excluded driver

my truck was going east on fountain blvd when the driver of a 99 chevy Tahoe rear ended me got pic of truck that hit me she was given two tickets this happened last November have wrote her a letter asked her to lets get together and make some kind of arrangement no response so I called and left messasge still no response tried to call again she has turned phone off or changed number their is 6,000 in damages to truck and 2,000 in medicalwhat can I do please help

Asked on February 7, 2019 under Accident Law, Colorado


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Your only recourse is to sue the registered owner and the at-fault driver for negligence.  One lawsuit is filed naming both mother and daughter as defendants.
Your damages (monetary compensation you are seeking in your lawsuit) should include the following: property damage (cost of repairs to your truck), and when you complete your medical treatment and are released by the doctor or are declared by the doctor to be permanent and stationary which means having reached a point in your medical treatment where no further improvement is anticipated, compensation for medical bills, pain and suffering and wage loss.
Compensation for the medical bills is straight reimbursement.  The medical reports document your injury and treatment and determine compensation for pain and suffering which is an amount in addition to the medical bills.  Compensation for wage loss is straight reimbursement.

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 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.

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