What to do if I was rear-ended and neither my insurer or I have been able to get a hold of the at-fault party’s insurer?
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What to do if I was rear-ended and neither my insurer or I have been able to get a hold of the at-fault party’s insurer?
I was in an auto accident a couple weeks ago in which I was rear-ended. I got the guy’s insurance information, as well as a police report. However, when I attempted to call his insurance company, I was never able to speak to anyone. At the same time I also spoke to my insurer, who told me they would help take care of it. Fast forward to now, I receive a call from my insurer stating that they cannot get a hold of his insurer either and that they are totalling my car. I will have to pay a $1000 deductible. I need advice on what to do, as I don’t have money to pay that and was under the impression that as the accident was their fault, they should be paying. Also, my company wants me to sign over my power oattorney to total the car. I do not know what that means?
Asked on August 18, 2016 under Accident Law, Kansas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
1) The accident is no one's fault *legally* unless and until they either accept the fault or a court determines it is their fault. Whether it is, in real life, their fault is different from there being a legal determination. If they rear ended you, then it is almost certain that *if* you sued them, that they would be found to be at fault; but until you sue and a court says it is their fault, there has been no legal determination.
2) Even if someone would be ordered to pay you money after you sue them, until and unless you sue them, they don't have to pay--it takes a court order/judgment, or their voluntary agreement to pay (such as in a settlement) to make them pay.
3) Therefore, you have the deductible until and unless you sue the other driver and get a court judgment in your favor. For $1,000, suing in small claims court is a very good option--not only can you save a lot of money by suing "pro se" (as your own attorney), but small claims cases move a lot faster than cases in other courts--you will get a speedier resolution.
Be warned, though, that if the other driver has no steady income and little money, even if you win the court case, you might not get money: a court judgment does not make money appear where there is none.
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