Can I sue this lady for hitting my parked car?

Question

Heres the story my van is parked on a major street. This lady with a chevy cobalt ran into the side of it so hard that It literally moved my dodge van about 8-10 feet away from the curb onto oncoming traffic..anyway--she was out of it so the cops that came to the scene gave me ALL her info (correct im not sure). I called my insurance they can't do jack because I only had liability and it is now considered a loss. I called HER insurance..she doesnt exist in their database.. it's been almost a month. Should I just take her to court?? Get a lawyer?

Answer 1

Depends on what state you live in. Some have mandatory uninsured motorist protection. If you don't have that yes take her to court and take every scrap of evidence with you. Pictures police reports,witnesses etc.

Answer 2

No you can't sue her! If you didn't have the proper insurance tough luck on your part!

Answer 3

ABSOLUTELY!  I watch peoples court every day.  If you can find her have her served with papers.  Sue her in small claims court for the value of your car if it's totaled.  It doesn't cost much to file and if you win your case, she will have to pay court costs.  Because your insurance doesn't cover you because you only had liability and she doesn't/didn't have insurance is on her!  She IS responsible to make you "whole".  Make sure you have proof...police report, pictures and estimates on how much the repairs would be or how much you vehicle was worth before the accident.

Answer 4

yes you can sue her but that will cost you money.

It is not his responsibility to have insurance for such damage. She is clearly responsible. You do not have to have insuranace for such situatuions, that is above and beyond the state minimium. she does have to have insurance for hitting someones car though.

Answer 5

Try to get ahold of her first (is she in the phone book?) and try to confirm the insurance information. If the cop gave you the name of her insurance co and a policy number, he probably got that from an insurance card--so it's strange they never ever heard of her.

Get an estimate for repairs to your car now. If you can't contact her or if you can't get  any valid info from her, take her to small claims court. Go down to the local court house; they'll help you file. You'll need the estimate for repairs, the other party's name and address and the date and place of the accident (oh, yeah, the filing fee as well--usually $20 or so).

Show up on the appointed court date, tell your story, show the proof of damages (photos + estimate will help) and with any luck, you win. The problem is if she ignores the summons or refuses to pay. Ultimately, you can have her driver's license suspended--which takes a while, but if she wants to drive legally, she'll eventually have to pay up.