Accident Involving Unlisted Driver in Arizona
Hi everyone,
I was involved in an accident with a driver who is essentially uninsured because they weren’t listed on the insurance policy they provided. From what I understand, the driver was the son, and the vehicle belonged to the father. They’ve stated that there is “no coverage” in this case. At the time of the accident, I only had liability insurance and did not have uninsured motorist coverage. I’ve consulted an attorney, but I’m still waiting for confirmation before I can proceed.
I plan to pursue this matter in small claims court, but I’m still waiting for all the necessary paperwork from my attorney. I’m wondering why the attorney hasn’t pursued this claim on my behalf, as this situation is new to me.
I believe small claims court is my best option, especially since Arizona has a maximum limit of $3,500, which would help cover some of the costs. The vehicle was valued at around $6,000, so I’m hoping to recover at least some of my expenses.
Additionally, I’m curious about small claims and whether it allows me to move directly to wage garnishments. I doubt this family can come up with $3,500 right away.
Any advice or insights would be greatly appreciated!
I’m sorry to hear about your situation; that sounds really frustrating. Here are some thoughts on your questions:
Claim Pursuit: It can be frustrating when an attorney doesn’t seem to be moving forward with your case. There could be several reasons why they aren’t pursuing the claim against the other driver. It might be related to the driver’s insurance policy, a lack of sufficient evidence, or the difficulty of collecting from the driver if they are uninsured or underinsured. Your attorney should ideally keep you updated on the status of the case and explain their reasoning for any decisions.
Small Claims Court: Taking your case to small claims court can be a good option, especially if your damages are within the limit you mentioned. In Arizona, small claims court is designed for individuals looking to recover funds without the need for a lengthy legal process. You can often represent yourself, which saves on attorney fees.
Wage Garnishment: In Arizona, if you win your small claims case, you can seek a judgment against the other party. Once you have a judgment, you may be able to initiate wage garnishment proceedings. However, keep in mind that the process of collecting on a judgment can sometimes be lengthy and isn’t guaranteed, especially if the defendant doesn’t have the means to pay or if they aren’t working.
Documentation: Make sure to keep all documents related to your case, including police reports, witness statements, any communication with your attorney, and records of your damages. This will help when you present your case in small claims court.
Consult Your Attorney: While it’s understandable to want to move things along, it might be a good idea to reach out to your attorney for clarification on your case’s status. They should be able to provide insight into why they haven’t taken action and what your best steps forward would be.
If you decide to pursue small claims, consider preparing a clear and organized presentation of your case to increase your chances of success. Good luck, and I hope you get the resolution you’re seeking!