At-fault driver may not have coverage

[geena222]

What is the name of your state? IL

A woman hit me on the freeway in another state. She was sited as being completely at fault. Three weeks later I'm finding out that she "may have lied on her insurance application" and that they "may rescind her coverage." From what I understand, this is like she was never insured. Aside from her insurance company not checking her driving record BEFORE they issued her a policy, they're now taking weeks to do an "investigation" to determine if she has coverage.
My question is this: what is the best way to recover my out of pocket expenses (deductible and rental)? I also have to go to the other state to pick up my car still (additional expenses). Is small claims the way to go?

 

[Juan Rodriguez]

Contact your adjuster first and see if your carrier intends to subrogate (go after the other driver to recover what they paid out plus the costs you described) against the other driver and what they usually consider recoverable on their part.

Based on that answer you may want to file in small claims.