What are my options if the other driver’s insurance will not pay?

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Use your Insurance

If you have collision insurance on your automobile you can file a claim with your insurance company for your property damage. Your insurance company will repair your car or declare it a total and send you a check. You will be required to pay the deductible until such time as the other driver’s insurance company accepts responsibility for the accident.

Most insurance policies also include personal injury protection (PIP). PIP can reimburse you for your medical expenses, and lost wages. PIP will not repair your car.

Uninsured and Underinsured Motorist Coverage

Your automobile insurance coverage includes underinsured and uninsured motorist coverage. This coverage can pay you for your pain and suffering, medical bills, and lost wages.

Some feel that using your insurance will raise your rates. Your rates only go up if you are at fault for an accident. Using uninsured or underinsured coverage does not mean you are at fault for the accident

File a lawsuit

As a last resort, you can file a lawsuit against the other driver. You sue the driver and not the other driver’s insurance company. You would file the suit either where the accident occurred or where the other driver lives or works. Most cases are filed in State court. The requirements for filing in Federal Court do not usually apply to a motor vehicle accident.

After the suit is filed the parties engage in a process called discovery. Discovery requires the parties to share information related to the accident and will be conducted in accordance with the court’s rules. Typical discovery includes interrogatories, requests for admission, requests for production of documents, and depositions.

Interrogatories are written questions from one party to another and are required to be answered in writing under oath. Requests for admissions ask the other party to admit or deny specific facts. Requests for production of documents require the other driver to produce all requested documents. Depositions are conducted before a court reporter that is also a notary and consists of oral questions, which are answered under oath.

If you win your case in court and the other driver has insurance the insurance company will pay you to settle the judgment.

If there is no insurance you can block the other drivers driving license until he pays or comes up with a reasonable repayment plan