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Victim of an vehicle accident other party no insurance

Bratt
January 27, 2011 03:30PM

Registered: 9 years ago
Posts: 289

I was a victim of a vehicle accident on 1/20. I was injured, but, because I had my seat belt on, not critically. My 2004 Jeep Wrangler X was hit on my way to work by a man with no insurance, and towed after police finished the investigation. He was able to DRIVE his vehicle away after the accident. AGAIN, with no insurance.

Today I found out my Jeep it totalled and I have to go through the hassles of insurance papers, rate increases and out of pocket money that I don't really have, but, need to spend to get back and forth to work.

The fact that so many people drive without insurance with little or no ramifications is disgusting. I now have to sue him in small claims court.

The laws need to be tougher on people who can not follow the rules. Impound and sell his vehicle to pay for mine. Driving is a privilege not a right.

Re: Victim of an vehicle accident other party no insurance

GoodToGo
January 27, 2011 03:36PM

Registered: 10 years ago
Posts: 615

I have a bad feeling that if you 'win' in small claims (almost a certainty) you're going to have a hard time collecting...

Re: Victim of an vehicle accident other party no insurance
avatar

Marty on STT
January 27, 2011 03:46PM

Registered: 13 years ago
Posts: 1,780

And why in the world would the police allow him to drive away with no insurance?? It's the frickin LAW to have it, isn't it?

~Marty smiling

"We're all here...cuz we're not all there!"

Re: Victim of an vehicle accident other party no insurance

billd
January 27, 2011 04:00PM

Registered: 11 years ago
Posts: 1,086

But I would sue him REGARDLESS of your collecting or not. That is if you can find a lawyer that will take your case. If he has a job you can put a lein on his salary.

Best of luck.

billd

Re: Victim of an vehicle accident other party no insurance

vihealth
January 27, 2011 04:54PM

Registered: 10 years ago
Posts: 56

I too had an accident a few months back where I was hit by an uninsured driver. Luckily I was not badly hurt but my pickup truck was totaled. The other driver came flying around a turn on the wrong side of the road, of course, hitting my passenger side knocking the chassis right off the axle, demolishing the passenger side rear tire and rim etc.
When the police came the 22 year old driver with no license on him produced an insurance card that had expired 4 months prior and with the car belonging to his mother did not know if the insurance had been renewed. The police officer's exact words to me were "hopefully it has been renewed, if not you are going to have to sue. him." He also was let go despite no license and no active insurance card. Both cars were undriveable and had to be towed. (Expense)
Having to get to work we had to rent a car since our truck was our only mode of transportation. (Expense)
We had to go through our insurance company and of course after investigation all done by me, the insurance had not been renewed for that vehicle but it had been transferred to a brand new truck in his mother's name.
Getting the police report, insurance estimates etc etc. Lost time out of work having to get around and get this stuff done., (Expense)
I did have "whiplash" and saw a chiropractor a few times but with no health insurance this was so expensive I discontinued going. (Expense)
It took almost a month for our insurance to get the claim filed and finished and issue us a check for our truck (still renting a car mind you) minus the deductible (Expense) so we could purchase another vehicle which of course did not cover the new tires that we had just put on the truck and the new radiator that we had had done, (Expense).
Went to traffic court, the driver had been found guilty by the police officer but the kid did not even show up so I won. Lost time out of work again. (Expense)
I filed in small claims against both the driver and the mother (owner of the car) for almost $10,000. (Expense)
I WON but here is the kicker. The judge dismissed the mother from all guilt (who did not even show up) stating how was she to know that her son was going to take the car out and get in an accident. The 22 year old driver pleaded guilty but with no job did not know how he was going to pay. He stated to the judge that at this time he could only afford $40 per month until he got a job. So that is the judgement I received
$40 / month for the next 20 some years (he does get charged interest) with instructions from the judge that if he can afford more he is to pay it so he can get out from underneath this "debt." If he misses a payment I can take him to court again and put a lien on any paycheck or property that may come along. So far he has paid but its only been 4 months.
I'm sure time will pass and the payments will stop and he will be unable to be found for me to do anything further.

Re: Victim of an vehicle accident other party no insurance

Juanita
January 27, 2011 06:43PM

Registered: 12 years ago
Posts: 3,107

vihealth, Sorry to hear your story. That stinks!

Just yesterday, our neighbor was in an accident. The woman that hit the car, that then hit my neighbor, was at fault. She did not have a drivers license, and while we were visiting with our neighbors, at the accident scene, everyone was under the impression she would go to jail.

We came on home before all the processing was done, and when I saw the neighbor today found out the woman did not go to jail, and get this...was allowed to DRIVE away in the car. I thought that was the most bizarre thing ever, but after reading this thread, I guess that sort of thing actually happens!

Can't even imagine a cop letting a unlicensed (or uninsured) person drive!confused smiley

Juanita



Edited 1 time(s). Last edit at 01/27/2011 06:48PM by Juanita.

Re: Victim of an vehicle accident other party no insurance

Bratt
January 27, 2011 11:21PM

Registered: 9 years ago
Posts: 289

The sad thing is, when did driving become a right and not a privilege in the eyes of the law? What also upsets me is that the car wasn't impounded until insured and the liability issues resolved.

Re: Victim of an vehicle accident other party no insurance

blockwatcher
January 28, 2011 10:35AM

Registered: 7 years ago
Posts: 11

i think you need to sue the driver and the police department for negligence. anywhere else these unlicensed / uninsured drivers would have their vehicles towed and impounded, and would be hauled off to jail no questions asked. The fact that this board came up with 2 similar incidents, means that this isn't a one off thing. good luck.

Re: Victim of an vehicle accident other party no insurance

Bratt
January 28, 2011 12:30PM

Registered: 9 years ago
Posts: 289

Also, be aware of what is on your auto policy before you need it. I was under insured and will lose out this time around on a great vehicle. Now insurance will re-sell for salvage and make money off of my misfortune, go after the loser that hit me and get all their money back, eventually.

Re: Victim of an vehicle accident other party no insurance

michiganman1019
February 01, 2011 02:15PM

Registered: 8 years ago
Posts: 41

What perplexes me is why people cant stay in their own lane while driving? Why do they feel the need to requently cross the yellow line?

Re: Victim of an vehicle accident other party no insurance

brooksleann
February 01, 2011 03:11PM

Registered: 8 years ago
Posts: 36

Has anyone added insured motorists to their policy and had to use it? After reading this, just wondering if it would be worth it.

Re: Victim of an vehicle accident other party no insurance

Hiya!
February 01, 2011 03:42PM

Registered: 10 years ago
Posts: 727

I would definitely get it for here. So many people find ways of getting around things or never doing things they should here.

Re: Victim of an vehicle accident other party no insurance

GoodToGo
February 01, 2011 03:54PM

Registered: 10 years ago
Posts: 615

I think you meant to type uninsured motorists coverage. Is this not a standard coverage for local policies?

I have both Liberty Mutual (had since I moved here a few years ago) and USAA (just obtained last month) and both come with uninsured and underinsured motorist coverages (I'll be dumping Liberty Mutual shortly - great service but USAA is less than 1/2 the cost and Liberty Mutual was 1/2 the price of local options for 10-20x more coverage limits.)

Quote
brooksleann
Has anyone added insured motorists to their policy and had to use it? After reading this, just wondering if it would be worth it.

Re: Victim of an vehicle accident other party no insurance

stiphy
February 01, 2011 11:08PM

Registered: 10 years ago
Posts: 956

Quote
michiganman1019
What perplexes me is why people cant stay in their own lane while driving? Why do they feel the need to requently cross the yellow line?

What yellow lines? Near C'sted they don't exist! "Deh ain't no stripin on dem roads!"

Sean

Re: Victim of an vehicle accident other party no insurance

NugBlazer
February 02, 2011 12:37AM

Registered: 11 years ago
Posts: 319

This thread just goes to show how pathetic our police department is. That's the real travesty here. I mean, uninsured drivers? Sure, they're gonna be out there. But, cops who allow uninsured drivers -- ones who just caused an accident -- to drive away scott free? That's just plain unacceptable and pathetic.

Instead of all the hub-bub about getting more officers on the streets, how about we work on getting the officers we DO have to actually do their jobs. Might help.

Re: Victim of an vehicle accident other party no insurance

brooksleann
February 02, 2011 01:06PM

Registered: 8 years ago
Posts: 36

I have Tunick Insurance and no, uninsured motorists coverage is not included, but I think I will be calling and adding it, after reading this post!

Re: Victim of an vehicle accident other party no insurance

stcmike
February 13, 2011 06:33PM

Registered: 10 years ago
Posts: 246

Uninsured motorists coverage is a must and is relatively inexpensive, get the most you can afford

Re: Victim of an vehicle accident other party no insurance

Bratt
February 13, 2011 10:42PM

Registered: 9 years ago
Posts: 289

Uninsured motorist protection only covers personal injury................didn't know that either...........but, not going to help the loss of vehicle.

Re: Victim of an vehicle accident other party no insurance

stcmike
February 14, 2011 08:27PM

Registered: 10 years ago
Posts: 246

Wouldn't the collision coverage cover the loss of the vehicle?

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