How do I file a claim against someone who hit my car? 5 Answers as of April 19, 2012

I was out of town and my vehicle was parked infront of my residence, when I returned home I noticed my car was crashed into. My neighbours had seen what had happened and when it happened so they had collected the drivers information. I spoke with him and he said he'd pay for it to just get some estimates so I did he ignored my calls txts and emails. Now I've gotten ahold of him n he informed me he doesnt have insuraunce, I have insurance can I file a case against him.

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Frank Law Group, P.C.
Frank Law Group, P.C. | Brett E. Rosenthal
Would contact your own carrier, who should be able to confirm the at-fault party's lack of insurance, and once confirmed assuming you have uninsured/underinsured coverage that would be the place you make the claim. If you don't have UM/UIM coverage than your option would be to file a small claims action in the County where the incident occurred or County of defendant's residence, whichever is more convenient for you, but does have $10,000 limit. Can get small claims forms on line.
Answer Applies to: California
Replied: 4/19/2012
The Law Office of Harry E. Hudson, Jr.
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
Yes. File the claim with your carrier
Answer Applies to: California
Replied: 4/18/2012
Law Office of Dean B. Gordon
Law Office of Dean B. Gordon | Dean B. Gordon
You should file a police report. Give the police your neighbor's contact information and a copy of any notes the neighbor took. You may be able to recover from your own insurance company if you have Uninsured Motorist Property Damage.
Answer Applies to: California
Replied: 4/18/2012
The Law Offices of Barry Regar | Barry Regar
If you have insurance coverage for damage to your car you can get your company to pay for the repair less your deductable. If the other driver is uninsured then you may have an uninsured waiver of deductable with your insurance company which means that your deductable is waived and you don't pay it for the repair. If you want to sue the other person and your claim is within the Small Claims Court limits, you can sue the driver in Small Claims Court.
Answer Applies to: California
Replied: 4/18/2012
Gilbert & Bourke, LLP | Brian J. Bourke
In California, your best bet is to have your own insurance pay for the damages. Since the other driver was uninsured, most policies have a deductible waiver, so you will be paid in full. Your insurance carrier can then decide if they want to pursue the driver at fault to get their money back. You could file a small claims action against the other driver, but it is unlikely you will ever be able to collect.
Answer Applies to: California
Replied: 4/18/2012
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