NGPR: Would you go to court?

taagent · December 2008

It has been 3 weeks (and a couple of days) since DH's accident. Our car repair bill is almost $4,000 and our rental car bill is about $1,200 right now (and we still have the rental car since our car isn't fixed yet), we haven't gotten the medical bills yet but we are thinking this lady is going to owe over $6,000 to our insurance co alone - not including her own medical bills, the traffic ticket, the fine for not having insurance she will get at her court date for the ticket, the fine the state will give her for not having insurance ($5 a day since Sept), and then her car damage and towing costs.

We got a call yesterday from our insurance co from the payment recovery dept. They are going to go after her for their expenses and our deductible. The chances of actually getting paid are slim. The lady did say that WE could go to small claims court and sue her for our deductible (and most likely at least recover that since it is only $200 as opposed to $6,000).

Would you go to court and pursue getting the deductible back or would you just let the insurance co handle it and see if they can get it back. I do know that she has not returned any phone calls or letters sent from our insurance co. WDYT?

heathercara · December 2008

It's going to be a long haul and it might cost you more than you get back!

4realyo · December 2008

if your deductible is only $200, then i wouldnt go to court. it would probably cost close to that in court fees and imo wouldnt be worth the headache.

AMYfromKY · December 2008

I would be really mad, but you will pay far more in court costs to get back your $200.00. ?I would let the insurance company deal with her. ?It's totally not fair since you and DH are the responsible people who follow the law and have insurance, but it's just the reality of the situation.

jessiecow · December 2008

i would skip all the headaches of going to court yourself and let your insurance company get as much out of her as they can. sorry you're going through this, it must suck!

nlvaden · December 2008

I would let the insurance company handle it then go after her again for whatever didn't get covered. Small claims court doesnt cost that much to file like what $30??

heather_09_15_07 · December 2008

Normally I would say yes but since she has no insurance it's not worth it.

Lizard2022 · December 2008

Were you injured or have any medical expenses, ER visits? If you only have property damage I'd say forget it, if you have medical expenses, go see an attorney. Most firms will do free consults for accidents.

mrsmel · December 2008

for $200. no way. i was in one and off proceedings for nearly two years with an old landlord of mine for $3000 and i wanted to kill myself it was so horrible. they can drag it out forever.

staycee · December 2008

does having "uninsured driver" coverage cover things like this? Where your insurance would waive the deductible in a case like this? Just asking.

taagent · December 2008

I did take DH to the ER he had minor injuries - muscle spasms in his lower and middle back for a couple of days. Our insurance co is going to file pain and suffering along with the medical bills...since they were minor and he went back to work the next day (on limited duty) we are not overly concerned with getting more money.

I thought that small claims was only like $30 to file since you don't have a lawyer?

staycee · December 2008

also, if the insurance company only is able to collect a partial amount of the money from her (lets say $3k...) would the insurance company pay you first? ie: get your deductible back? Or would they only be covering their expenses first?

taagent · December 2008

Staycee - we do have uninsured coverage but it just lowers the deductible rather than waves the deductible - so that $200 is the lower deductible. We have great insurance and our Insurance co has been wonderful! Originally we went through our own collision when we found out that the insurance she gave the police was not in effect at the time of the accident. So to get things started we went that way, but when it was discovered that in fact she had no insurance it was switched to uninsured.

taagent · December 2008

If the insurance co. gets a partial collection we will get part of our deductible back... I am just honestly not holding out much hope since this lady has been completely irresponsible up to this point. Hasn't called us and hasn't called our insurance co (but hey if she already had her court date she could be in jail too - so maybe that is why no one has heard from her?!)

staycee · December 2008

Grrrr! It's so much easier when they have insurance! I got rear-ended at a redlight last Dec. By a snack food company delivery truck. Crunched my back end, had 4 months of chiropractic care and ended up $3K richer.

Stupid uninsured irresponsible lady! Sorry you are dealing with all of that.

Leenie_89 · December 2008

You're going to hate this answer, but I don't think its worth it.

About 7 years ago, a lady with no insurance (and no license, imagine that) crashed into me, totalled out my car and sent me to the hospital.

My insurance went after her, and same deal, they won judgment and told me if they ever recorvered I'd be last to be paid back. Years later and she still owes that money, however being a transient, she wandered from place to place, staying with "friends" and never holding a job long enough to get the wages garnished.

It sucks, but you will probably spend a lot more time and money in court then it's worth. You'll win the judgment, but don't expect to collect on it. Your insurance company probably won't collect on it either. Sad Sorry.

Leenie_89 · December 2008

And I had to have physical therapy after my accident, and my insurance paid every dime of it. Just keep your receipts and bills.

taagent · December 2008

yeah - that just sucks! It bites that we are out money and did nothing wrong and had insurance! Yet this lady doesn't have to be responsible for her own stupidity (aside from her court issues). It just isn't right!

DH and I believe that she KNEW she was giving the police officer false information which is why she decided on the ambulance. In our state if you are caught driving without insurance you are arrested immediately.

Want a personalized experience?

NGPR: Would you go to court?

Re: NGPR: Would you go to court?

Choose Another Board

Search Boards