Hammer from uninsured vehicle causes damage
Question Details: Driving on the interstate, a hammer was on a large piece of cardboard in a trailer and the wind caught it and lifted it into the air. The hammer came down on my hood causing some damage. I got the people to pull over and exchanged information. I got a call later that night from the lady saying that their insurance had lapsed, but they are going to pay out of pocket to repair my car. What can I do to protect myself and make sure that my car gets fixed?
1) If yoiu have collision coverage on your car, you could submit to your own insurer.
2) You can sue the other driver if he/she does not pay an amount that you deem satisfactory. If they don't have insurance, they may not have money to pay a judgment if you win. However, if you do sue and win, you could then look to attach (or take) assets of theirs (such as the trailer or their car) to pay, or to garnish (or take part of) their wages or income.
Before suing though, factor in that it could cost several hundred or even a few thousand dollars for a lawsuit, depending on how long it goes on, for legal fees, costs, etc. If the only damage was your hood, it may well not be worthwhile; and if the other driver pays at least part of the cost, you may be best off simply taking it.
