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Marsha411JD
Marsha411JD, Lawyer
Category: Traffic Law
Satisfied Customers: 20183
Experience:  Licensed Attorney with 29 yrs. exp. with Traffic Law issues
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22 year old man returning home ran into my car and

Customer Question

22 year old man returning home ran into my car and neighbor's cars. he was charged with dui and hit and run. the following morning his roommate said he would call his insurance (GEICO) I found out days later the owner of the car told his insurance (GEICO)
he had not given permission for his roommate to use the car and GEICO has refused to have our cars repaired. Do I have any options to have either the owner of car or the roommate driver fixing our cars
Submitted: 1 year ago.
Category: Traffic Law
Expert:  Marsha411JD replied 1 year ago.
Hello,Thank you for the information and your question. You have a few options in this scenario. You can file suit against the vehicle owner and the driver. Usually, the suit would be against the owner of the vehicle, but in this case, since there is a question as to whether there was permission, it is better to file suit against both and force them to fight it out between them as to who is liable. You're other option, which is actually less work for you and probably less stress is to file a claim with your own insurance company. They will determine liability and will go after the responsible party for what is known as "subrogation." Depending on who your insurer is, they may assist you by trying to collect your deductible from the "at fault" party too. If they don't, you would have to file suit in small claims court against both the parties I mentioned to get your deductible and unreimbursed expenses paid. Please feel free to ask for clarification. I would be glad to assist you further if I can.
Customer: replied 1 year ago.
unfortunately my car is old, but I maintain it in great shape. I only carry liability insurance and my insurer can not help. should I contact my commonwealth attorney and see if they can help? possibly seek damages during the driver'strial?
Expert:  Marsha411JD replied 1 year ago.
Hello again and thank you for your reply. That does limit your options. Although you can speak to the Commonwealth Attorney to see if they would be willing to arrange as part of a plea agreement (assuming there is going to be a plea versus a trial), that the driver make restitution, but that will be up to them. If they don't, then your are, unfortunately, stuck with filing suit against both the parties I mentioned.
Expert:  Marsha411JD replied 1 year ago.
Hello again,
I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 17th. For some unknown reason, the Experts are not always getting replies or ratings (in the pop up box for this question, which is how we get credit (paid) for our work) that the customer thinks have gone through. In your case I received neither. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator.
In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/
Thank you.