by Lizzette » 28 Nov 2009, 17:58
Well, no, your insurance won't cover anything because you don't HAVE any.
The police report does NOT determine fault.
Your damages are most likely too high for small claims court.
You will have to fill out the paperwork, and sue them in civil court. Usually people hire lawyers to do that, because the paperwork and methods are different in every state, and it's really easy to lose your case because you didn't fill out the paperwork right.
Keep in mind, just because you win a suit, doesn't mean you'll get any MONEY. AFter you get the judgement, then you have to try to COLLECT IT. Most of the time, that's WAY harder than winning the suit.
One other thing. . . . most of the time, people who are "at fault" for accidents don't believe they are at fault. It's the other guys fault because (insert misbelief here). So, unless you've had a legal professional tell you it's their fault, AND you can verify that your state is NOT a true "no fault" state for auto liability, don't assume you're going to win this case out of hand.