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In an accident with someone who has no auto insurance ...

Home ▸ Archive ▸ Serious Business ▸ In an accident with someone who has no auto insurance ...
O-Trap's avatar

O-Trap

Chief Shenanigans Officer

14,994 posts
Jul 11, 2012 12:22 PM
My wife was in an accident late on Monday night. She was rear-ended while she was stopped at an intersection waiting to turn left. The driver didn't even slow down prior to hitting her. Here's what we were left with:

<img src="https://sphotos.xx.fbcdn.net/hphotos-prn1/553104_552366821817_1819904530_n.jpg" height="270px" width="360px" alt="" />

Now, the driver of the other car pulled away and tried to drive off, but they ended up just abandoning the car not far away and took off on foot.

The owner of the car does not have insurance, and we still don't know who was driving, but our car is (per our insurance agent) most likely totaled.

Does the owner of the car have no culpability in this case if he has no insurance? That seemed to be how the police officer was talking, but that seems moronic: that you can get out of paying for damaged caused by your property if you don't insure it.

If there is something we can do, what would that be?
Jul 11, 2012 12:22pm
sleeper's avatar

sleeper

Legend

27,879 posts
Jul 11, 2012 12:41 PM
You hire a lawyer and sue the person without insurance.
Jul 11, 2012 12:41pm
I

I Wear Pants

Senior Member

16,223 posts
Jul 11, 2012 12:54 PM
Sleeper is correct, get an attorney. What's going to end up happening probably is that you sue the person who doesn't have insurance and also likely your own insurance company. You do this because then your insurance company will actually pay out instead of fucking with you. This will take a long time. Months to a year-ish assuming your wife doesn't have huge medical bills from this.
Jul 11, 2012 12:54pm
Glory Days's avatar

Glory Days

Senior Member

7,809 posts
Jul 11, 2012 12:55 PM
well legally that other driver is screwed. in addition to what sleeper said, check your insurance, i think sometimes it is even covered.
Jul 11, 2012 12:55pm
Q

queencitybuckeye

Senior Member

7,117 posts
Jul 11, 2012 12:56 PM
Was the car reported as stolen?
Jul 11, 2012 12:56pm
I

I Wear Pants

Senior Member

16,223 posts
Jul 11, 2012 12:58 PM
Glory Days;1223439 wrote:well legally that other driver is screwed. in addition to what sleeper said, check your insurance, i think sometimes it is even covered.
If you have decent insurance it will be covered. Will still take forever because obviously your insurance company wants the other guy to pay so you'll have to sue the other guy though if they don't have insurance they probably have no money so then you go back to your insurance. If they try to dick around and not pay out you sue them in which case they'll start the haggling process and eventually pay.

Went through this last year.
Jul 11, 2012 12:58pm
Ironman92's avatar

Ironman92

Administrator

49,363 posts
Jul 11, 2012 1:03 PM
It's been about 17 years ago to the day...my wife was 8 months pregnant and on a 4 lane highway. On one of the intersections she was drilled in the passenger side of the car. Once the patrol and sheriff cruisers showed up they made sure my wife was ok.....cited the other girl (who turned out to be in trouble a lot with drugs)....she had no insurance. Ended up she got fined and cited but never paid a penny and has been in and out of jail the past 17 years. In the end our insurance fixed the car and we had to pay the $500 deductible. Hopefully you do better.
Jul 11, 2012 1:03pm
mcburg93's avatar

mcburg93

permaban to basement

3,167 posts
Jul 11, 2012 1:40 PM
First off I hope your wife is fine. The guy driving should be in trouble and be cited for what ever the charges would be. The owner of the car should get in trouble too. I was in a wreck years ago and the guy had no insurance but it was before it was mandatory. Nothing really happened he was told to pay everything back which was like 12k with medical bills included. He ended up just filling bankruptcy and that was the end to it.
Jul 11, 2012 1:40pm
O-Trap's avatar

O-Trap

Chief Shenanigans Officer

14,994 posts
Jul 11, 2012 1:51 PM
My wife is okay, for the most part. There was concern that she had fractures in her spine, but in the end, she just ended up with a nasty concussion. She's still sore and gets dizzy if she stands up for too long, but she's resting. We're fortunate that she doesn't currently need to work, so she's able to stay at home and rest without financial concern.

Per the witness who followed the driver, she was a mid-twenties girl with a dark complexion and dark, long hair in a ponytail. Beyond that, though, we don't know who it is.

The officer suspected that she was probably under the influence for two reasons: (a) she was able to run after a collision like that, meaning her muscles were probably relaxed enough during the crash that she didn't sustain any additional injuries from tensing up, and (b) he said a hit-and-run is not as detrimental to your record as a DUI.

I'm just pissed about the whole situation. Honestly, if all it costs us is $500 to be restored, I'll be happy.
Jul 11, 2012 1:51pm
Q

queencitybuckeye

Senior Member

7,117 posts
Jul 11, 2012 1:54 PM
Forgot to say that I also am glad your wife is OK. Man that driver really PIIHB.
Jul 11, 2012 1:54pm
D

Drums of War

Senior Member

356 posts
Jul 11, 2012 1:58 PM
I am a licensed Agent. Send me a message if you have any questions I can help with. I hope the wife is OK.
Jul 11, 2012 1:58pm
mcburg93's avatar

mcburg93

permaban to basement

3,167 posts
Jul 11, 2012 2:00 PM
O-Trap;1223488 wrote:My wife is okay, for the most part. There was concern that she had fractures in her spine, but in the end, she just ended up with a nasty concussion. She's still sore and gets dizzy if she stands up for too long, but she's resting. We're fortunate that she doesn't currently need to work, so she's able to stay at home and rest without financial concern.

Per the witness who followed the driver, she was a mid-twenties girl with a dark complexion and dark, long hair in a ponytail. Beyond that, though, we don't know who it is.

The officer suspected that she was probably under the influence for two reasons: (a) she was able to run after a collision like that, meaning her muscles were probably relaxed enough during the crash that she didn't sustain any additional injuries from tensing up, and (b) he said a hit-and-run is not as detrimental to your record as a DUI.

I'm just pissed about the whole situation. Honestly, if all it costs us is $500 to be restored, I'll be happy.
Glad to hear your wife is fine or as fine as one can be after such incident. If 500 restores everything I would be glad too. Some of the problem from wrecks can take a few days to show up so make sure if something else starts hurting she gets it checked out.
Jul 11, 2012 2:00pm
Azubuike24's avatar

Azubuike24

Senior Member

15,933 posts
Jul 11, 2012 2:02 PM
If you have specifics, email me. I'll tell you exactly what to do/approach to take with claims.
Jul 11, 2012 2:02pm
4cards's avatar

4cards

Ohio Chatter Legend

2,551 posts
Jul 11, 2012 2:13 PM
O-Trap;1223428 wrote:My wife was in an accident late on Monday night. She was rear-ended while she was stopped at an intersection waiting to turn left. The driver didn't even slow down prior to hitting her. Here's what we were left with:



Now, the driver of the other car pulled away and tried to drive off, but they ended up just abandoning the car not far away and took off on foot.

The owner of the car does not have insurance, and we still don't know who was driving, but our car is (per our insurance agent) most likely totaled.

Does the owner of the car have no culpability in this case if he has no insurance? That seemed to be how the police officer was talking, but that seems moronic: that you can get out of paying for damaged caused by your property if you don't insure it.

If there is something we can do, what would that be?
1. Contact if you haven't already your insurance carrier and see how your policy reads.
2. Contact a lawyer

...Years ago I was heading home (night shift) and got hit by a drunk who was driving on the wrong side of I-680 in Youngstown. The bottom line was, I was ok, the car was trashed, it wasn't even the drunks car & there was a warrant out for his arrest. The guy who owned the car had no insurance & no idea that his drunk cousin had taken his car. My insurance paid for the repairs...ONLY...because I had been paying for un-insurred motorist. So they got F'd, I got F'd, and hopefully the drunk got F'd in prison from dusk till dawn!!!
Jul 11, 2012 2:13pm
J

jmog

Senior Member

6,567 posts
Jul 11, 2012 2:17 PM
Whatever you do, stay on top of it on your insurance's side for a long time.

I had a similar case, not as bad, but similar.

A guy nearly totaled my car, almost $7000 worth of damage (would have been totaled if it wasn't brand new) and he had insurance, but it was not good insurance.

It was taking his insurance way to long to get the car to a body shop/estimated/fixed. I have very good insurance and my company said "let us take care of it and we'll charge them, it will get you back in your car sooner and out of a rental sooner".

Well it started that way but right when the bill was due to the body shop the guys insurance finally paid. They were so late however, that my insurance did cut a check that was later voided (never cashed).

4 months later when my policy is renewed our rate goes up by about $180 per half ($30/month). My wife called and asked why and someone at the call center just said that the national rates all went up for some reason.

Another couple months goes by and I happen to stop by our actual agents office to pay our bill and asked her. She said "it went up due to your accident 6 months ago that did $7000 of damage". I said "wait a minute, that accident was the other guys fault and his insurance paid for it".

She checked and the main system somebody at the national office had filed the claim under my fault instead of the other drivers. I had to get a copy of the accident report from the local police and fax it to the national office, but they eventually refunded my "extra" payments.

What I'm getting at is if your insurance has to get involved at all keep an eye on them/your rates.
Jul 11, 2012 2:17pm
S

sportchampps

Senior Member

7,361 posts
Jul 11, 2012 2:20 PM
Hope your wife is ok. I would say your car is more then likely totaled bc it looks like the frame is bent from the dents on the side. I hope you owe less then your car is worth or else you will be out the difference and your deductible once you get your insurance to pay.
Jul 11, 2012 2:20pm
Tigerfan00's avatar

Tigerfan00

Senior Member

3,427 posts
Jul 11, 2012 2:22 PM
Any good lawyers on this site?

Id say that car is pretty much a loss, Id do what you could and just get another one if you see any money from this.
Jul 11, 2012 2:22pm
sleeper's avatar

sleeper

Legend

27,879 posts
Jul 11, 2012 2:23 PM
Tigerfan00;1223536 wrote:Any good lawyers on this site?

Id say that car is pretty much a loss, Id do what you could and just get another one if you see any money from this.
LJ might be a lawyer, but I don't know so you'll have to ask him.
Jul 11, 2012 2:23pm
Glory Days's avatar

Glory Days

Senior Member

7,809 posts
Jul 11, 2012 2:48 PM
O-Trap;1223428 wrote:

maybe the other driver doesnt like the airforce?
Jul 11, 2012 2:48pm
O-Trap's avatar

O-Trap

Chief Shenanigans Officer

14,994 posts
Jul 11, 2012 2:56 PM
Glory Days;1223570 wrote:maybe the other driver doesnt like the airforce?
Maybe. I do, though. Brother-in-law is an Academy graduate and currently a FAIP in Texas.
Jul 11, 2012 2:56pm
C

Con_Alma

Senior Member

12,198 posts
Jul 11, 2012 3:01 PM
That's scary anytime it involves a loved one. I happy she's going to be alright. Do you have uninsured motorist coverage on your policy? Seems like that's the ticket to your carrier making you whole.....as much as possible at least.
Jul 11, 2012 3:01pm
F

fan_from_texas

Senior Member

2,693 posts
Jul 11, 2012 3:40 PM
Con_Alma;1223580 wrote:That's scary anytime it involves a loved one. I happy she's going to be alright. Do you have uninsured motorist coverage on your policy? Seems like that's the ticket to your carrier making you whole.....as much as possible at least.

This.

You could sue the other driver, but typically, people who don't have the money to carry liability insurance premiums con't have the money to pay your lawsuit. I.e., you can win, but they're judgment prood because you can't collect. If your insurer will cover you, that's probably your best bet. Then let them pursue the other driver if they want. I suspect they won't.
Jul 11, 2012 3:40pm
G

gut

Senior Member

15,058 posts
Jul 11, 2012 4:58 PM
If you have uninsured motorist coverage, your insurance will take care of it. If not, you are screwed - you could sue the other driver but likely if they don't have insurance you won't get any money out of them.
Jul 11, 2012 4:58pm
S

Sonofanump

Jul 11, 2012 5:06 PM
Do you have collision coverage? Do you have uninsured property damage coverage? Do you medical payment coverage? Do you have uninsured bodily injury coverage? Can the driver of the auto be IDed (not stolen from owner)?
Jul 11, 2012 5:06pm
O-Trap's avatar

O-Trap

Chief Shenanigans Officer

14,994 posts
Jul 11, 2012 5:07 PM
Azubuike24;1223507 wrote:If you have specifics, email me. I'll tell you exactly what to do/approach to take with claims.

I will do so.
Con_Alma;1223580 wrote:That's scary anytime it involves a loved one. I happy she's going to be alright. Do you have uninsured motorist coverage on your policy? Seems like that's the ticket to your carrier making you whole.....as much as possible at least.

I believe we do. I was grandfathered into my dad's USAA plan, and we got a pretty robust plan when we set it up, so I believe we do.
ccrunner609;1223589 wrote:Is that a "dont tread on me" sticker?

Nice

It is indeed the Gadsden flag.
gut;1223684 wrote:If you have uninsured motorist coverage, your insurance will take care of it. If not, you are screwed - you could sue the other driver but likely if they don't have insurance you won't get any money out of them.
That's what we'll probably have to do, then. I find it ridiculous that the person can essentially get out of this by being less responsible and not insuring their vehicles. Honestly, if they have any assets that can be sold to pay for the damages, is that even an option?
Jul 11, 2012 5:07pm