Lady hit car - no insurance

[aikan]

This lady hit into the back of my car and smashed it into the car in front of me. My car was parked. I received the police report and filed a claim with Geico and after a month of waiting they have decided she no longer has coverage with them.

What is my next move
my car is worth more than 15000 so can this still be considered a small claims issue
Should I get a lawyer involved and if I do what kind of lawyer should I be looking for?
And what are the procedures of making her pay for my damages if she cant afford it.

Live in NJ

[IAAL]

This lady hit into the back of my car and smashed it into the car in front of me. My car was parked. I received the police report and filed a claim with Geico and after a month of waiting they have decided she no longer has coverage with them.

What is my next move
my car is worth more than 15000 so can this still be considered a small claims issue
Should I get a lawyer involved and if I do what kind of lawyer should I be looking for?
And what are the procedures of making her pay for my damages if she cant afford it.

Live in NJ

My response:

Where's your insurance company in this equation?

IAAL

[aaron]

According to the New Jersey judiciary website,

The Small Claims Section is a court in which you may sue someone (the defendant) to collect a small amount of money that you believe is owed to you. Because procedures in Small Claims are simpler than in other courts, persons usually can file and present their cases relatively quickly and inexpensively, and often without an attorney. This segment explains how to file a complaint, a counterclaim, or an appeal, and gives general information about Small Claims in New Jersey.

Small Claims is one of three sections of the Superior Court's Special Civil Part. The other two sections are Landlord/Tenant and regular Special Civil Part. Small Claims handles cases in which the demand is not more than $3,000. If the amount of money you are trying to recover is more than $3,000, but less than $15,000, your case should be filed in the regular Special Civil Part. Cases in which damages are more than $15,000 must be filed in the Law Division of the Superior Court.

If you believe you are entitled to damages greater than $3,000 but still wish to sue in Small Claims, you give up your right to recover damages over $3,000. The additional money cannot be claimed later in a separate lawsuit.

Recovering money from somebody without money can be a real problem. As IAAL suggests, your best and fastest path to recovery would normally be through your own insurance coverage.