got backed into, got questions about insurance

***UPDATE***

she told the cops she had insurance, just had an old card (her policy expired 10/25/09, wreck was on 11/3/09) so her ins called me getting a recorded statement over what happened, and said her policy wasn't renewed (told me she didn't have ins, told the cop she did). So now what do I do? I've heard I can garnish her wages, call my ins agent and have him call the cops to go get her?

I need some help here guys!

 
***UPDATE***
she told the cops she had insurance, just had an old card (her policy expired 10/25/09, wreck was on 11/3/09) so her ins called me getting a recorded statement over what happened, and said her policy wasn't renewed (told me she didn't have ins, told the cop she did). So now what do I do? I've heard I can garnish her wages, call my ins agent and have him call the cops to go get her?

I need some help here guys!
This is where it matters if you were covered or not. If you have uninsured coveage you insurance would pay and then go after her for payment. You might be screwed if you were not insured. As far as the rollpan goes it you can do whatever you want. The insurance company is going to give you an estimate and cut you a check. Tell the body shop you would rather have a rollpan pan instead and if it's more you pay the difference.

 
yes you must have at least liability ins in oklahoma, pisses me off because she gave me a phony number (right after she left the cell phone store I work at (started a new acct)) So I have her number/info, BUT I cant call her/give it out to the cops (harassment stuff)

pisses me smooth off

 
in this case it's your uninsured motorist coverage or bust...now you have to decide if it's worth it to file the claim with your insurance...you need to talk it through with your agent though, he will know better for the region, different states have different laws and regulations...there is a chance that if you file the claim with your carrier, you pay your deductible initially, and if she ever re-ups her insurance they can go after them in subrogation and then repay your deductible...some states will force the uninsured motorist to pay via court order (garnishment) but thats super rare...so talk to your agent...

 
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