Legal Question in Credit and Debt Law in Virginia
auto insurance case
I was in an accident my insurance company paid for the damages to my car but they have not paid damages for a guardrail I hit when a car ran me off the road in a curve.the car did not stop.My insurance company filed this under uninsured motorsist property damage coverage now I feep getting a statement from thecommonwealth of va transportation for the price of the guardrail I have contacted my insurance company each time and sent a copy to them .They keep telling me that I am not responsible for this amount because a phantom vehicle ran me off the road. and that if I have to go to court that their attorneys will repersent me . In the letter It states they are going to refer the account for further collection . and that the account may be placed with the Commonwealth debt set-off program which will take any tax refund I may get I am worried this will go against my credit The insurance company acts as if there is nothing to worry about .I dont know what to do can you help me
1 Answer from Attorneys
Re: auto insurance case
Your insurance compamy should be paying this claim of the Commonwealth's under the uninsurance provisions of your policy. You should send written
notice to your insurer with a copy of the Commonwealth's demand notice that it is their responsiblity to take care of this claim (as they do not dispute, apparently, the legitimacy of your claim to a phantom vehicle as the cause of the accident),and, thereofere, it should not be a matter that has to be decided by a court.
However, in the event that they refuse your request and some of your property is seized by the Commonwealth in consequence, you will have to sue your insurer in small claims court to recover these losses.
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