Accident with an Unlisted Driver (AZ)
Hey everyone,
I wanted to share my experience after being involved in an accident with someone who essentially had no insurance coverage, as they weren’t listed on the policy they provided. From what I understand, it was the father’s truck, and his son was the one driving. The insurance company has stated there’s “no coverage” for the accident. At the time, I only had liability insurance and did not have uninsured motorist coverage. I sought help from an attorney, but I haven’t yet received any updates to move forward. My plan is to take the matter to small claims court, but I’m still waiting on the necessary paperwork from my attorney.
My main question is: why wouldn’t the attorney pursue this claim? I’ve never encountered this situation before.
Given that small claims in Arizona has a maximum of $3,500, I think it’s a reasonable route to recoup some of my expenses, considering my car was worth around $6,000. I just want to recover what I can from this situation.
Additionally, I’m curious if filing in small claims would allow me to initiate wage garnishments right away, as I doubt these individuals will have the $3,500 available immediately.
Any advice or insights would be greatly appreciated! Thank you!
I’m sorry to hear about your experience; it sounds really frustrating. Here are a few points to consider regarding your situation:
Non-listed Driver Claims: Insurance policies often have specific terms about who is covered under the policy. If the driver at fault was not listed as an insured driver on the policy, the insurance company may deny the claim based on this technicality. This is likely why your attorney mentioned “no coverage.” It could be that the insurer is claiming the driver was not authorized to operate the vehicle, which can complicate the situation.
Attorney Process: If you are not getting clear communication from your attorney, it might be worth following up directly to understand the status of your case. They might be waiting for documentation or responses from the insurance company that could be taking longer than expected. It’s important to be proactive in ensuring you’re updated.
Small Claims Court: Given the maximum limit in Arizona is $3,500, this may be a reasonable route as it allows you to represent yourself without the costs associated with a full court case. It can be a quicker way to seek compensation compared to traditional court procedures.
Wage Garnishment: In Arizona, if you win a judgment in small claims court, you can pursue wage garnishment. However, you’ll likely need to file additional paperwork to start the garnishment process after you obtain a judgment. Just keep in mind that the success of garnishments can depend on the defendant’s financial situation.
Document Everything: Make sure to keep detailed records of all communications, expenses, and any evidence related to the accident. This information can be crucial in court.
Consider Uninsured Motorist Coverage: In the future, you might want to contemplate adding uninsured motorist (UM) coverage to your policy. This can help protect you in cases like this where the at-fault party either has no insurance or insufficient coverage.
Ultimately, it’s always a good idea to keep the lines of communication open with your attorney and consider seeking a second opinion if you have concerns about the legal process. I hope you find a resolution soon!