What can i do?
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What can i do?
So on Sunday I was driving in the
parking lot of Walgreens and the other
driver was backing up out of her
parking space I stopped to let a
pedestrian pass by and when she was
backing up I honked at her twice and
she continued to go until she hit me. I
was able to get all her information
except I forgot to get the license
plates. She called her insurance and
told them it was her fault she hit me
but now I find out from her insurance
that the car she was driving is not
hers and is not insured through her
insurance. I contacted her today to let
her know when she was going to fix my
car and she proceeded to say she would
talk to her boyfriend who is the owner
of the car to find out the insurance
and give me a call back. I just
received a message from her stating
that she was going to be contacting an
attorney because we were both at fault
and for both of us to fix our own cars
what can I do? My daughter is 18 and
was with me at the time of the incident
she is my witness. Please help I am
very frustrated and don’t know what to
do.
Asked on August 22, 2017 under Accident Law, California
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
If you obtain the boyfriend's insurance and file a property damage claim for the cost of repairs to your car, the claim will be denied unless the driver was included on the vehicle owner' s insurance policy because the insurance will claim that she was an unauthorized driver.
If that happens, your only recourse is to sue the registered owner of the vehicle and the driver for negligence. Depending on the amount of your damages (cost of repairs to your vehicle), you may be able to file your lawsuit in small claims court. Upon prevailing in the case, you can also recover court costs which include the court filing fee and process server fee. You can enforce the court judgment with a wage garnishment.
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