Your deductible is owed regardless of fault. It's purpose is to deter insureds from filing a claim for anything and everything under the sun and doesn't take liability/negligence into consideration.
Always File a Claim, Regardless of Who Was At-Fault
One of the primary questions we receive from clients who have been in an accident is whether they should report the accident to their own auto insurance carrier, particularly when the accident was not their fault. And the answer to that question is: always.
1. Yes, you can sue someone who does not have insurance, if you can prove liability from the person. 2. Can you prove he did it? Do you have witnesses, photos, license plate, contact information, a police report, etc. (most likely small claims case. Btw you can not have an attorney represent you in small claims...) 4.
With both collision and uninsured motorist property damage coverage, you may be responsible for paying a deductible before your insurance provider will help pay for the damage. Your coverage will also be subject to your policy limits, which is the maximum amount your insurance will pay for a covered claim.
However, bringing a lawsuit directly against the uninsured driver will likely be a waste of time since, chances are, they will not be able to pay for your losses without insurance coverage.
Technically speaking, without damage to a parked vehicle, there's probably no hit and run crime, and there's no financial responsibility to assume. Your obligation to stop, find the vehicle owner, leave a note, and/or report the accident all presume that the vehicle was damaged when you hit it.
If you hit a parked car and leave, a police officer can use witnesses, surveillance footage, your license plate, and other evidence to identify and arrest you.
If a driver hits you, your collision coverage will still cover the damage to your vehicle, but you won't have to pay your deductible. In some states, the driver must also be uninsured for a CDW to apply.
California law prevents insurance companies from increasing your rates for accidents where you are not considered principally at fault.
There is no California law per se about notifying your insurance company after a collision, but your auto insurance policy is a contract. When you signed it, you agreed to the stipulations in the contract, which will almost certainly include the requirement to notify the insurance company promptly after an accident.
For collision claims, the deductible generally applies. In most markets, when you're not at fault for an accident, we can waive the deductible if we can identify the other party, that they're at fault, and their insurance carrier confirms they have valid liability coverage for the accident.
Your collision coverage helps pay to repair damage to your vehicle, regardless of who's at fault. Keep in mind you'll have to pay your deductible.
Remember that filing small claims may affect how much you have to pay for insurance later. Switching from a $500 deductible to a $1,000 deductible can save as much as 20 percent on the cost of your insurance premium payments.
If the repair costs are less than your car insurance deductible, it makes sense to pay for the damage out of pocket. On the other hand, if the damage is more extensive and costly, it may make sense to file a claim for any dents or scratches that need to be repaired.
If you observe any suspicious marks on your car, swift action is essential. Begin by documenting these markings through photographs, ensuring you capture the details comprehensively. Subsequently, report the incident to the local police, providing them with the visual evidence to aid their investigation.
Yes, even a minor bumper tap is considered an accident.
Serious accidents, on the other hand, can lead to severe injuries or fatalities. The extent of the impact and resulting injuries differentiates these categories.
Don't leave the scene or move your car. Locate the person who hit your car and exchange information (if possible) Take photos and contact the authorities to file a police report. Contact your insurer and file a claim if necessary.
If you have collision coverage, you're typically covered for damaging your own car. For instance, if you run into an object or other vehicle (even another of your vehicles), you can claim it on your insurance like any other car accident.
Leave a note.
If you're unable to learn the other driver, jot down basic information — your name, phone number and a brief explanation of the accident — and place it in a secure spot on the car. Write down the license plate number and take a photo of the damage if you have a camera or smartphone with you.
Subrogation is a legal concept where the insurance company steps into the shoes of the insured to recover the costs of the claim from the party at fault. If the at-fault party is uninsured, the insurer may pursue subrogation against the driver personally.
Essentially, you might think suing someone with no money is futile, but that's not the case. The law protects your rights and allows you to seek compensation if someone causes you harm or loss, regardless of their financial status.
The fact that you don't have car insurance doesn't mean you are automatically responsible for the accident. Sure, it's against the law to drive without insurance, but you can still sue when you're injured by another driver in most states.