What should I do regarding car accident and a possible denied claim?

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What should I do regarding car accident and a possible denied claim?

My car was parked out front of my house and a guy driving his mom’s car hit it. My car got towed and that bill is adding up. His mother’s insurence didn’t give me an official answer yet, but told me more than likely my car won’t be covered. It seems that he wasn’t on the policy, he didn’t have permission to drive her car and he didn’t have a license. My insurence won’t cover it because I don’t have that type of coverage. I spoke to a friend who is a lawyer; he said once they tell me for sure they are not covering it then that’s when I take the mother and son to small claims court. Is there anything else that I can do before they give me their answer to help them change their mind on covering my car?

Asked on September 10, 2014 under Accident Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Legally, you could sue them before getting an answer from their insurer, but there are reasons to at least wait a little while and see if you can resolve it amiably, without the expense (even if it's a small one) of a small claims suit as well as without the aggravation of a lawsuit.

They can pressure their insurer to try to resolve the matter faster; you can put pressure on them to do so by sending them a letter, sent some way you can prove delivery (e.g. certified mail with return receipt; fed with tracking), in which you would tell them that unless you receive compensation or a committment for compensation within the next, say, 20 or 30 days, you will file a lawsuit against them.


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