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Thread: Hit from behind - Uninsured Motorist - Arizona

  1. #1
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    Default Hit from behind - Uninsured Motorist - Arizona

    Hi,

    I was hit from behind by an uninsured motorist in the last week of November 2014. The issue seems to be that since I was not injured no lawyers want to speak to me about the case.

    So small claims court is where I am headed.

    My question is, should I send the motorist a letter asking him to settle out of court so we don't have to go through the process of everything involved or would that be bad idea?

    Just as additional information, The motorist that hit me was ticketed for multiple violations, and via his Facebook page it appears that this driver has epilepsy which could explain the lack of insurance due to cost or the fact no one would insure him?

    So I am just wondering what the best step to take for this individual, send a letter or take to court?

    Thank you!

  2. #2
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    Did you report this accident to your car ins. company? You should always start by informing your ins. co. of any accident no matter who is at fault.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

  3. #3
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    Default yes... proper procedure has been followed

    Please don't take this as being rude, but you asking me a question that does not answer my question is not helpful. I do appreciate your concern for our insurance company's needs, and yes the were notified immediately, but I am past that point of this situation and really would like to know an answer to what I have asked.

    Again I don't mean to be rude, but this is where we stand - to settle, or to sue, what is the best course of action? Is sending the other driver a request for damages to be settled outside of court a good idea or no?

    Some further information. The person was ticketed for no insurance, the person is employed full time.

    Thank you!
    Last edited by jnb756; 04-10-2015 at 07:09 AM.

  4. #4
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    The reason I asked if you reported the accident to your car ins. co. is because they will generally pay to get your car fixed & then they will try to recover the money from the other party. You weren't injured.

    Will your ins. co. not pay to get your vehicle fixed or are you looking for more than they will pay? It's your decision whether to settle out of court or to go to court. The best option in most cases is to settle out of court.

    It could be the lawyers will not talk to you because you were not injured & don't have much of a case. It seems you only need your car repaired & I'm not sure why the ins. co. will not handle this.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

  5. #5
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    We were rear ended by an uninsured motorist. So since we only carried comprehensive / underinsured /uninsured and no one was injured the insurance company said we don't have a claim. The car was damaged past the point of repair as the drive shaft was driven into the linkage to and into the motor. So the car is gone due to the actions of the uninsured driver of the other vehicle. Basically all we are trying to recover is the low blue book cost of the car and transportation expenses while going through the process of replacing the car.

    Thank you for your answer and for any future replies... the whole thing is a big frustrating mess.

  6. #6
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    I'm sorry to hear that. If you can get an agreed upon offer without going to court that is best. If you accept an offer without going to court, be sure to get the offer in writing. If the offer is not acceptable, then you will have to sue in court. Good luck.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

  7. #7
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    Default Thank you Betty3

    Thank you Betty3 - here is to hoping that the driver has a sense of doing what is right. He doesn't seem to be unfortunate in any way, and I am guessing that his epilepsy has made it difficult if not impossible to get insurance.

    Thank you again

  8. #8
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    You're welcome. I hope things work out for you - good luck.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

  9. #9

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