Santoshji or any lawer here in sajha,

My friend gotta kind of big trouble. He don't have a valid driver's license but have a learners permit. His car was hit by a car parked adjacent to his car. At that time he had just reversed and about to leave while the adjacent car reversed and hit his. They exchanged the insurance policy no. My friend called the other guy's insurance. Now, that insurance company says that the file has been closed (without reimbursement) because the other guy didn't respond to the phone calls nor the emails. The insurance company is State Farm. Now, my friend called his own insurance to deal with State Farm, as suggested by the later. Since he had only liability, his insurance told him that this can't be maneuvered. Instead, they suggested him to file a law suit.

Here the questions are:
Who should he file the lawsuit against?
Since, no cops were informed of the accident, what is his chance of making it?
Will he be penalized for driving without license? it's inside a private(grocery store) parking lot. If yes, what would be the penalties?

Please suggest.

Thanks in Advance.

 

 

NS,
Was your friend driving on his own? If that was the case, then he needs to think twice.  As your friend does not have a collision insurance, I don't think they will help your friend going into the court as well. It is disappointing  but  I would not go to court until and unless I have a solid proof like witness or some thing in written form. To my understanding, since neither your friend nor the other party informed the police,   both the parties involved in the accident might be considered for hit and run.  So, think twice before you go to the court. I am not a lawyer though, so don't consider this as a legal advice.

Good-luck

"Now, that insurance company says that the file has been closed (without reimbursement) because the other guy didn't respond to the phone calls nor the emails." 

I don't know about the law suit but working at auto Insurance Company I know for fact that Insurance Company can't close the file simply because the policy holder didn't respond.  If that happens every time and if I am a guilty party on accident I should be stupid to respond right?  In fact if the guilty party doesn’t respond, it makes Insurance Company easy to adjust claim on the policy.  You might want to call back State Farm claims department again and try to speak with some one on management level.  Most often Claims rep are new and don’t know the procedure well. 

And RajaHarischandra, if you don't have police report or witness it is not considered Hit and Run.  Matter of fact during rough weather time many Police department prefer not to call them unless it is an emergency.  The only thing you need during an accident is other party insurance information.  Good Luck.

Dear Narayangarhsuburb,

Thanks for the remembrance and the "shout-out"!.

I will go with Jonny Bravo's comments and suggestions.

Call State farm again and talk to the customer service rep. If they are willing to cooperate its fine, if not ask for their supervisor.

Send your claim in writing as well, have a copy of the mail delivery confirmation. Explain the incidents in details. Disclose the insurance information of both parties.

Whose car was it? Did the owner take it for repairs already? Most of the time, the repairers will look into the matter and bug the opponent's insurance company.

It might take some time but it will work.

Law Suit? I am not sure at this point based on the information provided.

DISCLAIMER: I am not an attorney in the US. I have completed law school here and appearing for the bar soon. I am a lawyer in Nepal though.