Legal Question in Personal Injury in California

Hit by Uninsured Motorist

On last Thursday, I got a car accident. An uninsured motorist hit my brand new car's Front-Righthand Fender, Front bumper, and Wheel. I called 911, but Police did not show up. Since he told me he will pay by cash, I did not report the accident for two days.

On Sat., he promised me to pay the cost, but did not show up.

Therefore, I report the accident to my insurance company.

However, I did not uninsured motorist insurance, but collision.

Unfortunately, my deductible is $1000. Estimation is $970 to fix my car. So the insurance company will not pay to fix my car. Also I have a pain on my right side arm.

What should I do??? How can I punish the liar?? How can I get back my repair cost??


Asked on 6/08/04, 10:40 pm

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: Hit by Uninsured Motorist

You should turn to your regular health insurance (if you have some) about treating your pain; your auto insurance policy may also provide this sort of coverage.

As for getting back the repair cost, the other driver is your only potential source of payment. Your insurance correctly declined to pay, and he doesn't have any insurance from which to collect. If you have his correct name and address you can take him to small claims court, but even if you win the suit you may find it difficult to collect from this guy. After all, people who go without auto insurance and renege on promises to pay their obligations seldom turn out to have lots of cash.

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Answered on 6/10/04, 10:19 pm


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