What can be done when 2 of my parked vehicles were hit and the driver has no insurance? We had to pay 500.00 deductible on each of our cars…what legal right do WE have?
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What can be done when 2 of my parked vehicles were hit and the driver has no insurance? We had to pay 500.00 deductible on each of our cars…what legal right do WE have?
At approximately 3:00 am, a driver lost control, spun around, accelerated and then slammed into one of our vehicles with such force that it pushed it on the sidewalk and the force made it hit another one of our cars which was parked in front of it. There were witnesses who saw the driver run. On August 19th, we received a letter from the driver’s insurance company that he was not insured at the time of the accident. Our cars are still in the shop being fixed. We are going on close to 2 months with this inconvenience and we have to pay the $500 deductible on each of our cars. We do carry full tort. What can we do
legally to be reimbursed from what money we are out and the terrible inconvenience this has put us through.
Asked on August 20, 2018 under Accident Law, Pennsylvania
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
All you can do is sue the at-fault driver--no one else is responsible for your costs or losses. The fact that he does not (allegedly; you don't know if this true, but only know so far what the insurer tells you) have insurance doesn't mean he would not have to pay, only that does not have insurance to pay for him but rather must pay out of pocket. Of course, if he has no money, even if you sue him and win, you won't get anything: a successful lawsuit does not money appear where there is none. That is why suing in small claims court, where costs are low and you can be your own attorney, is a good idea--you are not risking much to sue.
You can sue for anything not paid by the insurer (e.g. your deductible; any car rental or mass transit costs you incurred while your cars are being fixed and which insurance did not pay; etc.), but you cannot sue for inconvenience, stress, frustration, etc.--the law does not provide compensation for those things.
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