If my daughter was hit by an uninsured driver, how does she get restitution?
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If my daughter was hit by an uninsured driver, how does she get restitution?
Accident in MO; the boy has an OK drivers license. He will not return any calls. He is a covered driver on his parents insurance policy. His insurance can not get him or his parents to return any calls to see his car can be covered. ( It is not on the policy). I was told of a form 1044? that I can fill out that will require him to pay restitution or he can lose his license. Will that work even though he has an out of state license? What would be the best way to proceed? I talked with him once and asked him to straighten out the information with his insurance company, which he responded that he would. He did not.
Asked on January 4, 2011 under Accident Law, Missouri
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
I am so sorry for this even that happened to your daughter. The best way to proceed her is to go and seek consultation from an attorney in your area on the matter as soon as you possibly can. The consultation should be free. You d not want to take a chance of waiting too long and you want to make sure that all parties are on notice of the claim. The insurance company can disclaim coverage if the insured parties are not cooperating (there is a clause in your insurance contract that requires cooperation in the event of accidents, etc.). Although disclaiming coverage can be difficult in some states it is not impossible. And you do not want to be left in the lurch here. Also, if you have a policy with coverage for uninsured or underinsured drivers you need to make a claim there as well. Good luck.
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