Unlicensed driver crashed into my parked car. owner was present.Driver was arrested and insurance won't cover damages. Now what?

The driver is in jail for 3 years, and the owner of the car refuses to talk to me despite trying to make a deal with them. I want to pursue a small claims but I'm unsure how to go about things.

Do I name both the driver and the owner of the car on the small claims even though the driver is in jail? Will they spilt the money if I win? What is going to happen? I need this money and I'm afraid they will not pay me what is owed. Can they file bankruptcy? The damages came out to about $7k.

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  • 3 years ago
    Favorite Answer

    What is the make, model, and year of car that hit you?

    As said earlier you file a claim with your insurance company and let them handle it.

    Did the owner have insurance on the car? The owner is not cooperating, file a claim with your insurance company. If you have comp and collision they will pay you minus the deductible.

    They will at first determine if they car's owner has insurance on the car, if so they will submit the claim to that company regardless if the owner is cooperating.

    If you don't have insurance then hire an attorney. And yes, you most likely will win the case, but the hard part is collecting.

    • RPuente3 years agoReport

      I have liability I am not covered for this kinda thing. My main question is in regards to the driver who is in jail and the owner of their car. Serving her and collecting from her won't be too terribly hard, I hope. But I'm more concerned about the BF who crashed it and is in jail

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  • Anonymous
    3 years ago

    You pay insurance premiums for them to handle all claims. So instruct your insurer to deal with the matter. You should not be involved with the third party at all.

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  • 3 years ago

    HI Barnes has the right answer after all that is what you pay insurance for.

    • RPuente3 years agoReport

      Liability, can't afford full coverage

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  • 3 years ago

    Do you have insurance? Typically, your insurance company will go after the person.

    • RPuente3 years agoReport

      I have liability I am not covered

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  • TedEx
    Lv 7
    3 years ago

    You notify YOUR insurance company, and they will walk you through it.

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