If my car was hit by a driver in a newly purchased car but has not added it to her policy, will this be a problem for the claim I filed?

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If my car was hit by a driver in a newly purchased car but has not added it to her policy, will this be a problem for the claim I filed?

I have a police report and have filed a claim against her insurance. The driver seems like she does not want to be found as her insurance company is unable to reach her and she is unresponsive to their calls. This occurred over a month ago. Does the car involve in the accident have to be in her policy? What options do I have?

Asked on July 1, 2015 under Accident Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The car should have been on her policy. But if it was not, then the insurer is not responsible for paying any claims or damages: an insurance policy is a contract, and the insurer is only obligated to pay for vehicles added to the contract/policy.

You can sue the driver directly and, if you win the lawsuit, recover money from her personally--you could even potentially garnish her wages. Not having insurance doesn't mean you can't be sued or don't have to pay, it just means that you don't have insurance to pay for you. Of course, if she does not have money or much income, you may not be able to collect--winning in court does not mean that there is money when there in fact is none, and you can't collect what does not exist. For claims under the limit for your small claims court, filing in small claims court, acting as your own attorney ("pro se") is often a good option to reduce costs. You can get instructions and probably sample forms from your small claims court, in person or online.


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