What should I do if person at fault may not be insured? 20 Answers as of April 30, 2013

I was in a car accident on 11/12/12. The driver hit the back of my vehicle because she had faulty break, (she stated this in the police report), which caused my car to skid into another vehicle. It's been four days and her insurer keeps saying that they could not get in contact with the driver at fault and that the time of her coverage is in question. I am unable to drive my vehicle, as the damage is severe. My insurer is telling me to wait on what the other insurer finds on the driver at fault's coverage. I want to call a lawyer but I've been advised against it.

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William C. Gosnell, Attorney at Law
William C. Gosnell, Attorney at Law | William C. Gosnell
Hopefully you have uninsured motorist coverage. Call a lawyer ASAP.
Answer Applies to: Tennessee
Replied: 11/22/2012
Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
Hire a lawyer. What is the matter with you? Why should you wait for some idiots to do things? Make things happen for your benefit.
Answer Applies to: Michigan
Replied: 4/30/2013
Law Offices of Mark West
Law Offices of Mark West | Mark West
Who is telling you not to contact an attorney? Your insurance carrier? Just so you know, in California you generally have 2 years to pursue a personal injury claim if anyone was injured and 3 years to pursue a property damage claim so you are not forced to act too quickly. It is better to resolve property damage early and if serious injuries have occurred then to get witness statement before memories fade. However, it sounds like a property damage accident. The person you hit could come after you (your insurance) if the person who hit you had no insurance, and claim you were to close and that is why she was able to push you inter the car in front. The insurance companies generally fight property damages among themselves without lawsuits etc. If you had UM property insurance (uninsured motorist) you may have to make a claim against your own insurance for whatever the damage was to your vehicle if you did not have comprehensive/collision on it and/or it isn't enough to pay for the damage done.
Answer Applies to: California
Replied: 11/22/2012
Sapiro Gottlieb & Kroll | Lawrence Kroll
Whether or not they have insurance does not have any impact on whether you have a viable claim against someone else or not. It only affects the ability to pay, and providing an attorney to defend the claim. You can always seek compensation if you were injured in an accident. The issues you need to prove are the apportionment of liability between the parties and the nature and extent of any permanent injuries which are the result of the accident. You have to look out for yourself, and that would include speaking to an attorney. Why would anyone tell you not to hire an attorney, and more importantly, why would you listen to them?
Answer Applies to: New Jersey
Replied: 11/22/2012
Lewis B. Kaplan | Lewis B. Kaplan
Call a lawyer. NOW!
Answer Applies to: Illinois
Replied: 4/30/2013
    David F. Stoddard
    David F. Stoddard | David F. Stoddard
    If you have collision coverage, ask your insurer to put it on your collision. Otherwise you must wait until the question of the at fault driver's coverage is answered.
    Answer Applies to: South Carolina
    Replied: 11/20/2012
    Fairlie & Lippy, P.C.
    Fairlie & Lippy, P.C. | Christopher A. Bradley, Esq.
    Your insurance should cover the property damage without regard to what the other driver's carrier decides. This may require that you pay any deductible first, but that deductible can be recovered from the other side if it turns out there is insurance. You can also pursue claims for personal injury through an uninsured or underinsured claim. You should contact a lawyer experienced in handling automobile cases to discuss your options.
    Answer Applies to: Pennsylvania
    Replied: 11/20/2012
    John Russo | John Russo
    Then why are you asking lawyers if someone advised you against it. Oh I get this is free well you will not get the help you need, and who ever the jerk is that told you not to retain an attorney is a fool!!! The attorney only get paid if you do and you will receive a much better deal with attorney then without, and you are already seeing the problems right out of the box, there is no way your car should not be in a body shop already, they are jerking your chain, and then they will send you their own approved shop and you will think you have to go and get screwed even more. Don't talk to either insurance company from today forward and retain a good PI attorney forthwith.
    Answer Applies to: Rhode Island
    Replied: 11/20/2012
    The Smalley Law Firm, LLC | Cary Smalley
    I suggest you consult with an attorney to discuss the details of your situation. An attorney will be able to help you determine if there is insurance coverage or uninsured motorist coverage.
    Answer Applies to: Kansas
    Replied: 11/20/2012
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    Advised against a lawyer? get you one if one will take the case. you did not say you were injured and filing a claim for property damage only wont likely pay for itself.
    Answer Applies to: North Carolina
    Replied: 11/20/2012
    Adler Law Group, LLC
    Adler Law Group, LLC | Lawrence Adler
    You can go after the at fault parties insurance or have your own insurance pay the damages but then you will have to pay the deductible.
    Answer Applies to: Connecticut
    Replied: 11/20/2012
    WEISSMAN LAW FIRM
    WEISSMAN LAW FIRM | I.Donald Weissman
    Call a lawyer! Your carrier is to take care of damages under the insurance contract whether you are at fault or fault free. It depends on your coverage. If your policy covers the property damage you may insist your carrier step p and take care of it. (Don't feel bad for the carrier. It will seek reimbursement from the responsible party. If the accident is not your fault it is not a mark against you and the rates don't go up when your carrier repairs your car.
    Answer Applies to: California
    Replied: 11/20/2012
    Conway Law Pllc.
    Conway Law Pllc. | B. L. Conway
    You should proceed with using Your Collision Coverage to fix Your Car. That is why You have it. Let the Insurance Companies sort out the Coverage issue. If Your Injured You better the Call the Bull Dog; So, i can teach You How to Have a Great Claim.
    Answer Applies to: Virginia
    Replied: 11/20/2012
    Rags Beals Seigler Patterson & Gray
    Rags Beals Seigler Patterson & Gray | Ronald D. Reemsnyder
    If you have collision coverage you may use your own insurance and then let it get reimbursed by the other driver or her insurer.
    Answer Applies to: Georgia
    Replied: 11/20/2012
    Jules D'Alessandro | Jules D'Alessandro
    Whoever advised you not to call a lawyer is an IDIOT. Clearly no one is very concerned about your well being. The only way you will get anywhere on your claim is with a lawyer. If the other vehicle does not have any insurance then you can make a claim on the uninsured coverage on your own insurance policy.
    Answer Applies to: Rhode Island
    Replied: 11/20/2012
    Law Offices of A. J. Mitchell, LLC
    Law Offices of A. J. Mitchell, LLC | A. J. Mitchell
    Were you seriously injured? If so, you need to contact a lawyer. Also, you should check you policy to see if you have uninsured motorist coverage. If you do, a lawyer can best advise you in this regard.
    Answer Applies to: Georgia
    Replied: 11/20/2012
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    Nothing
    Answer Applies to: Michigan
    Replied: 11/20/2012
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