My car is registered in NH. It was parked in MA. A uninsured NH resident hit my car while parked. What can I do to get my deductable back from my Ins.

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My car is registered in NH. It was parked in MA. A uninsured NH resident hit my car while parked. What can I do to get my deductable back from my Ins.

My Car was parked in MA, I live in NH. A NH driver hit my car and then totaled another car. He has no insurance and was stopped 20 mins earlier by the MA Police. He passed a sober field test then crashed into my park car. I have NH insurance but my deductable is 500.00 and I have to partialy pay for a rental. The uninsured NH driver walked away scott free because NH does not require Ins. What can I do to recover my losses? The driver is 19 yrs old.

Asked on June 5, 2009 under Accident Law, New Hampshire

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

The rest of my answer was cut off.  Sorry.  It does appear that the driver in your case had no insurance. You will need to sue him (and the owner of the vehicle if he was not the owner) in small claims court.  Take with you the police report, the documents that show your coverage and deductible, the estimate for repair and if you had the vehicle repaired, the check showing the deducted amount.  Pictures of the damage could help as well.  Here is the link to the small claims courts in NH:  http://www.courts.state.nh.us/district/claims.htm  Good luck.

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Unlike almost every other state, New Hampshire does not automatically require motorists to carry an auto liability insurance policy or provide some of financial backing in order to drive a vehicle within its boundaries.

However, a party may be forced to carry liability insurance if they have:

  • Been involved in an accident.
  • A conviction for driving under the influence of alcohol or drugs.
  • Multiple reckless driving convictions.
  • A traffic violation conviction that triggers a review.

In your case it appears that the party that hit you did not in fact have insurance.  You will need to take a copy of the police report and all the documents that show your coverage (including deductible), the estimate for repair and if you had the vehicle repaired, the check showing the amount taken out for the deductible.  You need to sue him in Small Claims Court for the money.  Make sure that you sue the owner of the car as well, if he was not the owner (also, the owner may have insurance).  Here is the link to the NH small claims courts: http://www.courts.state.nh.us/district/claims.htm Good luck.


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