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Victim of an vehicle accident other party no insurance  

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Bratt
(@Bratt)
Advanced Member

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.

Bratt

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Posted : January 27, 2011 6:30 pm
GoodToGo
(@GoodToGo)
Trusted Member

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

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Posted : January 27, 2011 6:36 pm
Marty on STT
(@Marty_on_STT)
Trusted Member

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

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Posted : January 27, 2011 6:46 pm
billd
(@billd)
Trusted Member

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

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Posted : January 27, 2011 7:00 pm
vihealth
(@vihealth)
Advanced Member

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.

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Posted : January 27, 2011 7:54 pm
Juanita
(@Juanita)
Expert

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!:S

Juanita

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Posted : January 27, 2011 9:43 pm
Bratt
(@Bratt)
Advanced Member

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.

Bratt

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Posted : January 28, 2011 2:21 am
blockwatcher
(@blockwatcher)
Active Member

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.

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Posted : January 28, 2011 1:35 pm
Bratt
(@Bratt)
Advanced Member

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.

Bratt

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Posted : January 28, 2011 3:30 pm
michiganman1019
(@michiganman1019)
Advanced Member

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?

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Posted : February 1, 2011 5:15 pm
brooksleann
(@brooksleann)
Advanced Member

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

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Posted : February 1, 2011 6:11 pm
Hiya!
(@Hiya!)
Trusted Member

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

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Posted : February 1, 2011 6:42 pm
GoodToGo
(@GoodToGo)
Trusted Member

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.)

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

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Posted : February 1, 2011 6:54 pm
stiphy
(@stiphy)
Trusted Member

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

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Posted : February 2, 2011 2:08 am
NugBlazer
(@NugBlazer)
Advanced Member

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.

Cruzans do it better.

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Posted : February 2, 2011 3:37 am
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