I was hit on Thursday buy a 75 yr old guy in a cadillac. He was pulled out infront of me making a left hand turn into a parking lot. He was in the northbound left lane on a 4 lane road. I was in the right hand southbound lane. He had to cut across both southbound lanes to make his turn. He was not paying attenion and pulled out infront of me and hit my car on the driver side front quarterpanel.

I got the police report (here insurance companies decide who is at fault). The body shop said there is no frame damage, but they have not inspected it jet, just took a peak at it without opening the hood. I contacted my insurance company on Thursday evening, about an hour after the accident happened. I have not heard yet from my adjuster. Nationwide (my insurance company) said it could be up to 2 business days before the adjuster contacts me.

To cut to the chase, the guy that hit me produced a Direct General Insurance Co insurance card. I wrote down the info on it, and have his name, #, and address from the police report. I called his insurance company's claims # and they have no record of him having a policy with them (i figure his policy has expired or he has never had a policy with them).

I was not injured in the accident. He is clearly at fault because he pulled out infront of me crossing my lane of traffic and hit me. I have pictures that show this (i had my digital camera in my car).

I figure that if the guy actually doesn't have insurance, that I'll have to make a claim against my insurance under the unisuranced motorist section of my policy.

Do I need to talk to a lawyer and start getting some legal advice? I do not want my insurance rates to go up because this accident was not my fault.

I have 10/20/10 (minimum legal coverage here) to keep my rates down, but I am worried that I won't have enough converage to have my car fixed. Also being that the guy is 75 years old, and that I didn't suffer any injuries, if I were to sue him to cover the costs of my car repair, insurance premium increases, and punitive damages, would I even be able to collect from him. I know its not good to stereotype people, but the guy was 75, in a 1987 cadillac deville, and lives in a bad/poor part of town, so I don't think he would have money or property to collect, even if I did take him to court.

What should I do?

 

In your state, is everyone required by law to have insurance on their car? If they are required by law to have insurance, I would contact the police to get them involved...old man should get a nice ticket and some jail time...hell I don't care if he's 75 years old (he's the one that gave you fake insurance info). I'm not quite sure how your state has insurance laws, but here in Minnesota...there is a "no-fault" law. You get treatment for injuries even if you don't have insurance, but of course you will also send some time in jail for not having insurance coverage on the car(s) being involved in the accident.

Clearly, if it's not your fault, your insurance rate should not go up. My car(s) were in a few fender benders and all were not my fault. My insurance rate did not go up. I also talked with a lawyer regarding the insurance rate and law suit. I also called my insurance company and they also said that my rate should not go up if I was not at fault.

Again, your state may have different laws. I would suggest you to talk with a lawyer for some advice (who is well versed in auto accident/insurance), even if you don't plan on pursing a suit.