08-29-2012, 05:49 AM
quote:
Originally posted by cwaters
Yes, I have great insurance. I would not dare to drive if I did not. The sad thing is that the car was a gift from my Mom right before she died. The police said something interesting to me. They said do not make this a criminal complaint as it would slow my insurance payment.
I'm sorry to hear about your unfortunate incident, for your protection I hope a police report was made. I'm somewhat puzzled by what the police told you. Any suit filed by you against the guilty party would be a civil case. The police's findings and reporting may result in the state filing a criminal case against the offending driver. If you carry uninsured/under insured motorist coverage - your insurance company should pay all your damages. After settling you they will attempt to recoup the amount paid to you, and their expenses, from the other party's insurance carrier. If the offending party has no insurance, your carrier may go after their assets. If you can prove that the other party's actions caused you more damages that your insurance carrier compensated you for, or did not compensate you for - you can file a civil case. If you are seriously considering filing - tell your carrier. Some companies assist their insureds in the process. It galls me that someone else's lack of control resulted in you - unfairly - sustaining damages.