An uninsured individual hit us and was at fault, can I sue for the damages?

Question Details:

Individual hit us and gave proof of insurance at accident. It was a bogus policy. Can I get the information off the police report and sue the individual for the damages. My insurance is paying now, but I don't want my premiums to go up when it wasn't our fault.

Asked 1/4/2010 under Auto Accidents | 292 View(s) | More Legal Topics

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Auto Accidents Law Answers

If the accident wasn't your fault, your premiums shouldn't go up because of it;  complain to the state government if they try it and don't back down when you complain.  And if your insurance is paying, you can be quite sure that they have the police report, and intend to do what they think makes sense to recover the damages if they can.

Anything you'd win for property damage to your car would go back to the insurance company, aside from anything you had spent on the repairs yourself.  It's also possible that your insurance company will sue in your name, under a principle called "subrogation," and if you're asked to cooperate with that, you must.

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