Small Claims Court | Can I go after people on another state?

by Nancy
(Charlotte, NC)

My son was driving my car, and was hit on the right side of the vehicle causing approximately $3500.00 worth of damage to my vehicle.

My son was not hurt; however, the driver that hit him gave the police an expired insurance card. Therefore, I am out the deductible, plus the cost of the rental. They live in another state.

Can I recoup the money from the uninsured driver?


Answer:

Hello Nancy,

Hello Nancy, you "could" recover the money and have different ways to do it. However, if they do not have money, it may never happen.

You could file against your uninsured motorist coverage (if you carry this coverage) and they deductible should be less if any. Your insurance company will also provide coverage for the rental on that circumstances (subject to your policy language).

If you do not have this coverage, you can go to small claims court. You can probably sue in the county where the accident occurred. Once you have a judgment, you can move it to their state and try to garnish wages.


Good Luck,
Auto Insurance Claim Advice