• FirefoxInstall the new Firefox »
  •  
    Insurance

    Question

    How do you sue a person on disability?
    This person damaged my car. (I) had to pay the $500.deductible to get it fixed and then I had to rent a car to go back and forth to work for 13 days. I purchased the extra insurance for safety's sake. I want my money back from this person because I was not the one that damaged my car. If you have been in this situation before please let me know and what to do. Thanks
    a few seconds ago 7 Answers

    Best Answer

    Chosen by Asker
    Same way you sue anyone - go to small claims court, get the judgement. How do you COLLECT? Well, that's another story. They won't have to pay you "the extra" for the extra insurance you purchased (which isn't actually insurance - it's a "damage waiver"). If you paid a $500 deductible, that means your insurance company paid the rest. That means THEY are probably trying to go after this guy to collect the money. In accordance with your policy terms and conditions, they get first dibs on any money recovered . . .and they WILL TRY to recover your deductible. Subrogation can take anywhere from six months to two years. Call your adjuster, and ask if this claim has been moved to the subrogation department. Get the subro adjuster's name and extension, and call them once a month to get updated status on the subrogation process. They'll have more luck collecting than you will - they're the professionals. Regarding the uninsured/underinsured motorist coverage - the straight UM/UIM coverage is for BODILY INJURY ONLY. You need uninsured motorist property damage to collect for damages to your car. This coverage is only offered (available) in some states. So don't worry too much about the above post saying you should have purchased it.
    a few seconds ago

    Other Answers

    • Hang on for a minute. I assume this person was NOT insured (auto insurance) because if they were, that is how you reap back any money (sans your deductible). If they were not insured, YOU should have been carrying Uninsured or Underinsured Motorist's coverage. Your own policy should have provisions for car rental, too, and it would then be up to them (your insurer) to go back after the other person's insurance to reap back money. Frankly, suing this person is going to cost you more than what I suspect this whole thing is worth. Do you know how much it is to institute suit against someone? And even if you win, what will you get? Being awarded money in a lawsuit and actually collecting that money are two distinctly different things. Unless there was damage to something other than your car, I would forget the whole thing and move on. Everyone has had to do this at one time or another.

      by connemara - 20 hours ago

    • You can sue anybody. Collecting is a different matter. You don't say what sort of communication you have had with this person or if this person promised to pay for damages to your car, or pay your deductible, or pay for your rental car. Someone on disability has a hard enough time making ends meet financially, and I doubt that they intentionally hit your car. It sucks that you have to pay for it, but your insurance should have paid for the rental car as well. So, you are probably out $500. I know that the person who hit your car should pay, but consider their income. They may not be able to. Yes, you can sue, and yes, you will probably win. Collecting is a different matter. He has no wages to get and you can't take his disability. Good luck.

      by David L - 20 hours ago

    • just because they are disability doesn't mean that they don't have car insurance?? Were they charged with the accident and failure to carry insurance?? if they were , then you can contact the victims advocate of your court or the prosecutors office re restitution; otherwise , a judgment is only as good as you are able to collect; small claims lawsuit, do they own a home?? a lien if not , doesn't matter how much the judgment if they don't have anything to collect from

      by sml - 20 hours ago

    • sue them all you want...disability is not garnishable...you might get a judgement....that does not mean you will get money...same concept happen to me...i had renters on disability...they tore the place up....i have a judgement...but no money to fix it to rent again...good luck....state laws vary...

      by Michael K - 20 hours ago

    • get multiple witnesses They can back you up

      by plasticmanticor - 20 hours ago

    • u get a lawer sorry, i not much help failed law class

      by strawberii - 20 hours ago

    Recommended Articles

     
     
     
     
    Yahoo Small Business Services