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Insurance: options when hit by uninsured motorist

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Comments

  • bolivarbolivar Posts: 2,316
    And be a New York b**** while doing it.

    I hate that woman.
  • my car was totally smashed in on the rear passenger side by one of two cars that were involved in a collision with my parked car. I mean my rear tire is bent all the way in and my suspension is subsequently damaged. my car was parked on a one-way street and i was in a business at the time of the collision so i have no idea what happened, besides what the two other drivers say. The police responded but refused to take a report, despite my numerous request, citing the lack of injuries as justification for them to simply stand around and watch. I took down all the information i could from all the parties involved and took numerous pictures of all the vehicles involved. my insurance company says I should just use my own policy and pay the 500 deductible. upon contacting the other insurance company i was told the policy i was given by the other driver was not in effect and no money would be paid to me. what should i do? Am I out of luck?
  • tidestertidester Posts: 10,110
    Apparently, the other drivers represented to the police that they were insured which you found out to be false. The police may be interested in that. :)

    tidester, host
    SUVs and Smart Shopper
  • marsha7marsha7 Posts: 3,670
    that police did not make report because no one was injured...if substantial property damage occurred, they know that someone's insurance must pay for it...and if someone was uninsured, that is a law violation by itself...that should be reported to the polcie and that driver should be ticketed for no insurance...

    You might want to pay the ded and use your UM to get the car repaired quickly, and give the ins info on both of the other cars and have your ins spend the legal time recovering from them...if it is to be split among them, let your ins fight it out with them, and you will hopefully recover your deductible, as well, down the road...
  • fordfoolfordfool Western New YorkPosts: 87
    I find it hard to believe that police did not make report because no one was injured...if substantial property damage occurred,

    Buffalo, NY police do not respond to motor vehicle accidents unless there is personal injury. Don't know if it's just laziness or patrol cars spread too thin. :(

    Years ago my parked car (along with three others) was hit by a drunk driver. All State paid for the repair (under my comprehensive coverage) but made no attempt to recover payment including the deductible that I had paid. :mad:

    I took my Buick to a downtown Louisville dealer for an estimate. All State preferred that I have the car repaired at a place on their preferred list. I was going to protest until I saw that my Buick dealer was on the list. The dealer repaired the car for All State for one-half the amount that I had been quoted as an individual. :surprise:

    There used to be an old-school hard-sell Ford dealer in downdown Louisville by Citizens Fidelity Bank. As I walked by one day I saw the entire sales force bare-chested, holding their shirts while posing for a photo. I could imagine the "shirts off our backs" ad campaign. (No women on the sales force in 1970.)

    Is Cooke Pontiac at 5th and York still around?
  • tidestertidester Posts: 10,110
    Buffalo, NY police do not respond to motor vehicle accidents unless there is personal injury.

    It depends on where the accident occurs. There may be traffic flow issues where their presence is required.

    tidester, host
    SUVs and Smart Shopper
  • fordfoolfordfool Western New YorkPosts: 87
    >> Buffalo, NY police do not respond to motor vehicle accidents unless there is personal injury.

    > It depends on where the accident occurs.


    Location is cetainly inportant. Intersections with a Tim Horton's donuts, Dunkin Donuts, or a Krispy Kreme seem to attract Chief Wiggum and the white mustache brigade. :)
  • marsha7marsha7 Posts: 3,670
    trying to help, even if that help is worse than useless...:):):) ;) :confuse:
  • dedaof3dedaof3 Posts: 1
    :cry: I HAD AN ACCIDENT,THE OTHER PARTY RAN A STOP SIGN,AND RECKLESSLY DROVE HEAD ON TOWARDS ME, I SWERVED TO AVOID THE FATAL ACCIDENT AND COLLIDED WITH ANOTHER VESSEL AS THE CAR THAT CAUSED THE ACCIDENT FLED THE SCENE,I WAS NOT TICKETED AND I WAS COVERED EXCEPT FOR UNINSURED MOTORIST COVERAGE. STATE FARM PAID FOR MY TOTAL LOSS VEHICLE AND SOME MEDICAL BILLS AND THEN DECIDED TO NOT RENEW MY POLICY, ADVISED ME TO SEARCH FOR OTHER COVERAGE, AND HELD ME AS THE CAUSE OF THE ACCIDENT,THEREFORE ANY OTHER INSURANCE COVERAGE I OBTAIN WILL BE EXCEEDINGLY HIGH. CAN THEY DO THIS, BLAME ME FOR AN ACCIDENT THAT I WASN'T CHARGED FOR AND KICK ME OFF? :
  • bolivarbolivar Posts: 2,316
    It's their insurance company, they can do about anything they want.

    In most states, about the only state protection is that they cannot raise your rates without raising the comparable people rates the same. But if they chose not to insure you, I don't think there is anything you can do about it.

    (State Farm has dropped entire states from homeowners coverage - did not drop existing policies, but stopped writing new policies. And if you sold a house and moved, they would not cover a different house. This was done in the entire state of Texas for about 18 months before they can back and started writting new policies.)

    I think every state has a 'State Insurance Commissioner'. Find this office for your state and give them a call. They are the only true source for what your individual rights are, in your state.

    And insurance procedures and policies vary significantly from state to state. So, be weary of anyone that tells you 'They can't do that'. Maybe not in their state, but that's not where you live.
  • Hi dedaof3,

    Was there a witness to collaborate the facts of the accident? If you can show your insurance company (State Farm) that you did everything to avoid an accident and it was not your fault, you will have a good case for them to reverse their decision. If there was a police report and the officer noted the "hit and run" vehicle then this will help your cause.

    If you are able to provide that you were not at fault, this may help you when you search for a new insurance carrier.
  • graphicguygraphicguy SW OhioPosts: 7,142
    My nephew attends Purdue U. He's a JR. A few months ago, while he was walking back to his place after class, he was hit by a car while crossing the street. He was in the cross walk and had the light on his side.

    I'm a little fuzzy about the rest of the details, but apparently this girl simply wasn't watching what she was doing or where she was going. My nephew says she looked like she was texting while trying to drive. She denies this, however.

    Bottom line, my nephew's leg was hurt pretty badly, requiring surgery, pins, a full length leg cast, therapy, etc to literally, get back on his feet. Fortunately, he's young enough that, while painful, his recovery was relatively swift. He still walks with a limp. And, he occasionally has some pain. But, he's back at least 75% of where he was. DRs don't know how this could affect him in the future, but none of us have a crystal ball. The possibility does exist that problems could arise somewhere down the road as a result of the accident. He also missed a semester of classes as a result.

    Here's the kicker. The girl was cited as being in the "wrong". The girl didn't have insurance. Moreover, she's from WI, and as such is technically an out of state resident also attending Purdue. Parents can't be held liable since she's over 18. She hasn't got anything that could even remotely be considered a worthwhile asset to go after.

    For all intents and purposes, aside from a ticket and a fine for her transgressions, she's off free and clear.

    My nephew, being a pedestrian, really has no recourse here. His health insurance (which is through my sister) covered his medical bills. But, he gets no compensation for tuition paid (which he couldn't use since he was infirm). No consideration given if he runs into problems later on in life. And, while I'm not a big believer in trying to award someone a monetary value for pain and suffering, he certainly suffered.

    Where does he go (and how should my sister proceed on his behalf) from here? What are his options?
  • marsha7marsha7 Posts: 3,670
    I posted an answer to this in Stories from the sales Lines, or whatever it is called...
  • tidestertidester Posts: 10,110
    That would be Stories from the Sales Frontlines. :)

    tidester, host
    SUVs and Smart Shopper
  • Last week an uninsured driver caused the accident I was in. Although I had insurance, it was only no fault. I had plenty of liability for the other driver but nothing for myself.I did not know about uim damage.This lady did plenty of front end damage to my car and only minimal damage to her own. My insurance company is still working on the claim.(Usaa) They suggested that I do not contact her until they are finished with the claim. The officer that came to the scene gave the lady 2 tickets. 1 for causing the accident the other for no insurance. My question is how do I make her pay for my damages? I need my car repaired quickly. Do I get estimates and present them to her? Do I get it repaired myself and try to get my money back from her? Please help Michigan laws suck!!!
  • marsha7marsha7 Posts: 3,670
    When you say you only had "no fault" does that mean liability only to cover damages in case you hit another car???

    While I do not practice in a no fault state (GA is a fault state), it seems like all you can do is repair your car and sue her if she was uninsured...of course, if she files bankruptcy, you will be S-O-L...

    Yeah, that seems to be what uninsured motorists insurance is for, and why I always advocate that folks have it, altho state laws do differ as to what is needed...
  • momma2twinsmomma2twins Posts: 1
    edited February 2011
    Not sure if anyone will respond but here I go.

    On January 25th I was rear-ended by an uninsured motorist while stopped at a traffic light. She slid on snow and lost control of her car. Police were called to the scene. There was minor bumper damage to my truck. The officer looked at it and asked me if it was caused by her. In a shook up for being hit daze I said I didn't know if it was damage or the natural curve of the bumper. The damage was an indent on the bumper perfectly aligned with my trailer hitch so I (stupidly) though it may just be the way the bumper was designed. But I said I was not sure.

    So I go home and didn't think much of it till my husband got home. He instantly say's that is definitely damage. After looking at it with a clear head I clearly can see that it is dented in! I immediately called the police officer and left a message for him that I had confirmed that the dent was caused by the accident. 11 days later he calls me back!!! He states that he was "On Vacation" okay fine whatever. So I tell him that after trying to file an insurance claim it appears that the woman who hit me gave false information. He says he'll investigate and call me back, never received a call back. I called 4-5 times during his shift and he was "too busy to talk". I actually had to go to the police station to find out what is going on.

    It was confirmed that she was uninsured and that it was her mom's car she was driving at the time.

    So I have the police report in front of me with a lot of incorrect information on it. Driver was not owner but report says she is. Driver did not have insurance but report says she did. Damage was done to my vehicle but report says no damage. I asked for it to be amended and was told no.

    Filing a claim with my own insurance company is not going to happen. I am not going to pay a deductible and risk a rate hike or being kicked off our insurance. This was her fault and she should pay! So I am planning on filing a small claims case against the driver for the damages. The amount is not very much but still worth it in my opinion to file a suit.

    I am not really worried about much else than the police report stating no damage. (which the officer refuses to amend even though he confirmed with me verbally that he saw the damage)

    So based on the evidence I have what are the chance I will win a small claims case against her with the police report written wrong?

    Thank you to any who read and respond. Hopefully what I wrote makes sense, sorry I ramble a lot.
  • marsha7marsha7 Posts: 3,670
    I appreciate your situation, but the "police report written wrong" was apparently because you had no idea if the vehicle bumper was damaged or designed that way...that says to me that this damage is so minor it almost doesn't matter...while the other driver should be cited (and fined) for false information, you will have a battle proving the damage when, at the scene, you didn't even know...

    I can also appreciate not making an insurance claim...my reco, and it's one you won't like, is to pay to fix it yourself, or, if the damage is that slight, just don't do anything at all, and learn from this experience...
  • andres3andres3 CAPosts: 5,325
    and your daughter exercised poor distance judgment...unless one of thsoe neighborhood radar units can prove her speed...heh, heh, heh...
    ____________________________________________

    Whether the other car was going 10 under or 50 over the speed limit is irrelevant, they still had the right of way. A speeding car doesn't give you the right to get into an accident either on purpose or through negligent misjudgment.
  • andres3andres3 CAPosts: 5,325
    Of course the "safe" driver's would wail and moan about subsidizing "unsafe" driver's but that argument is silly because if you hit someone you are no longer a "safe" driver.

    ___________

    Actually your argument is silly. Safe driver's don't cause accidents, as the vast majority of accidents are truly not an accident, but a "negligent" or "incompetent." In no fault insurance States costs are skyrocketing for the simple fact that if you are never to blame you might as well not worry about driving safely. You can cause as many accidents as you like and not pay any consequences, and therefore there is no "incentive" to drive safely.

    It makes a huge difference. I'm convinced that less than 10% of the drivers out there cause over 90% of the claims costs.
  • andres3andres3 CAPosts: 5,325
    What about taking lots of pictures of the accident scene, and then moving the vehicles so traffic can flow? The pictures will document what had been the situation before anything was altered.
  • marsha7marsha7 Posts: 3,670
    I suppose it you MUST move the vehicles, then taking about 3,000 photos from different angles, including angles from local skyscrapers, the space station, the moon, and also thermographic images from 100 feet underground, and from any local sinkhole, MAY suffice to prove to an investigating officer what happened...you may also want about 30 minutes of video, certified by Dino De Laurentiis or Cecil B DeMille to the accuracy of the video, may be added...other than that, moving the cars will, IMO, confuse the average officer, who just may be unwilling to commit on paper who was "at fault" because he/she simply is no longer sure, kind of like disturbing the crime scene for the NCIS investigators, they do not see the scene as it really is/was...your mileage may vary...
  • michaellnomichaellno Posts: 4,300
    Here in Colorado there is a law that stipulates you must move vehicles involved in an accident out of the flow of traffic.

    Sorry, but if I'm ever in an accident, I'd rather take the fine than not have the investigating officer have an accurate as possible perspective of the scene.
  • marsha7marsha7 Posts: 3,670
    "I'd rather take the fine than not have the investigating officer have an accurate as possible perspective of the scene."

    That is exactly my point...I hesitate to recommend that someone break the law, but I believe that law is truly counter to the interests of the victim in the wreck...sure, by not moving the cars, you cause a traffic backup, but so does a cop who pulls someone to the shoulder to issue a ticket for a taillight that does not work...

    If, by moving the cars, it alters the reality of who was at fault, then the law does a disservice to the victim by making them move the cars before the police arrive, simply because it is almost always the police who determine who is at fault, unless you have multiple independent witnesses, and you must hope those witnesses actually stop and wait for the police, rather than head to work like the rest of the traffic...

    Take the additional fine for blocking traffic which will cost a pittance, but at least you won't be charged with the accident when the cop views the scene...

    In GA, if the cop is not sure, they can charge both parties equally, which means neither side recovers from the other, which also means that the other driver, who WAS at fault, gets away with it, and his insurance won't fix your car or your injuries, so you pay for your deductible (probably a much higher amount than the "blocked traffic" ticket) and you do not recover for your injuries...

    Preserve the scene...stay there until the cop arrives...and make the other guy pay for his poor driving...
  • michaellnomichaellno Posts: 4,300
    Preserve the scene...stay there until the cop arrives...and make the other guy pay for his poor driving...

    Exactly!
  • igozoomzoomigozoomzoom Waleska, GeorgiaPosts: 791
    marsha- you know we have the "If you steer it, clear it" law here in Georgia. =)

    But it only applies if I am at-fault, which is possible in theory I suppose, but could never happen....well, probably couldn't happen, not again....just kidding, although it has been 7.5yrs since my last at-fault accident and it caused less than $1000 damage to the other car. I was driving my commuter car, a 14yr old Accord with a bad paint job, that only had liability, so there was no claim on it. Staying under $1000 actually had little impact on my premium. It was only when I got a ticket two years later that I had a problem, then I was surcharged for both the accident and the speeding ticket for a year and it almost doubled my insurance premium!

    After that one rough year, the accident was over three years old and most insurers didn't count it. I had to switch companies because the one I had for that year refused to recalculate my renewal premium without the accident because the renewal offer was sent out six days before the 3-year anniversary of the accident...I followed the "if you can't beat 'em, join 'em" philosophy apparently, otherwise I have no idea how and why I became an insurance agent!?!?!
  • igozoomzoomigozoomzoom Waleska, GeorgiaPosts: 791
    This probably makes me an awful person (not really), but I always go ahead and call 911 before I get out of the car and make sure the other driver or anyone in their car is okay. If it isn't obvious that they're not harmed, I'll start walking toward them while I'm on the phone with 911. But by doing that, it eliminates them trying to get you to settle it privately and not involve the police or insurance. It also gets the cops en route if the other driver decides to leave the scene or attempt to do so. Not to mention that it reduces the length you stand there waiting with the other driver, which is usually very uncomfortable and awkward. It's also during that time that some people feel the need to apologize or say other things that NO ONE should EVER say at the scene of an accident, even if it's obvious to you and everyone else that you were at fault!

    I also can attest to the value of photos! Back in 2007, I was about two miles away from my office and turned onto the residential street that eventually turns commercial, which is where my office is located. There is a very small shopping center with an ATM in the parking lot on the left side and a restaurant on the right side as you turn onto the road. The road intersects with the 4-lane major highway (which is where I was coming from) at very sharp angle that makes left turns all but impossible but not illegal.

    As I turned onto the road, a city police officer leaving the ATM pulled out, drove right across his lane and into mine, hitting me head-on! I had watched the cops do the same thing many times before, they pulled into the wrong lane to make that hard left turn, despite oncoming traffic. It was illegal, period...I was rattled, but my paranoia was fully intact, so I grabbed my cell phone and started snapping photos from inside the car, then of the yellow line (showing I was in my lane) as I opened the door, it was clicking at the rate of a machine gun, or it sound like it! He started barking for me to stop as soon as he got out of the car, but I didn't. He told me to stop again and that he was going to confiscate my phone, so I told him I had already sent over a dozen photos to my my office and our in-house attorney.

    I was bluffing, but he backed down. Then I got busted in the lie when my friend, co-worker AND my company's in-house-counsel stopped to see if I was okay! I covered by saying I had sent them to her email, I had idea if she was at work yet or not. But it didn't matter at that point, even if I had said I totally lied to make you back off, all that mattered was I had MY attorney right at the scene of the accident and she saw it before either car had been moved!

    The cop who hit me got out his pad to start writing up the accident, but my friend stopped him (OBJECTION!). She scolded him and said that it was clearly a conflict of interest and she insisted on a Georgia State Trooper, NOT another officer from the same city as the one who hit me. The Trooper showed up and, while the other cop was making a phone call, I took a chance and did some heavy name-dropping. My mom's best friend's husband was head of the Executive Secuirty Division until his retirement the previous year. (Executive Security Division = Secret Service, Georgia-style) That meant he ranked as the second highest officer in the Georgia State Patrol, only The Commissioner ranked above him. He retired early due to a service-related injury (he took a few shots in the leg and hip). The Trooper asked me if he had the surgery to repair his hip yet and, if so, how was he doing. I told him that he had the surgery a few months earlier, at the end of March because I remember taking them dinner on April 1st and we laughed about it being April Fool's Day! =)

    He wrote it up the way it happened and didn't give the cop any slack. He didn't do anything to skew it in my favor, but just stuck to the facts based on what he saw. He noted in the report that the other driver (cop) was not cited, but all the information available strongly suggested that he was at-fault in the collision! Worked for me, all I wanted was my car fixed and not get stuck with a ticket or a claim my insurance policy because a cop lied his way out of taking responsibility! And that's what I got...

    I called my the wife of the retired trooper I mentioned and told her about the accident and asked if she recognized the name of the trooper that responded to the accident. I told her what he asked me and she cackled for a while, then told me that they were very good friends with that trooper and his wife. In fact, they had visited her husband in the hospital when he had the surgery on his hip AND they had dinner with them a few nights after I brought them dinner. His wife asked if she could get the recipe for my Italian Creme Cake (it's called a bakery in the next county and off the beaten path)!

    That dude was testing my name dropping and thankfully I passed with flying colors! It makes me wonder what would have happened if I hadn't checked out, I'm guessing he would have found a way to deflect blame from the city cop, and might have put the blame on me, who knows.,..I don't trust cops, even ones I've known my whole life! So my advice is to call 911, start snapping photos at super-human speed THEN, only when you have maxed out your camera/phone's capacity (over 5,000 photos on my phone), then you can check to make sure everyone else is okay! Start with people in your own car, if they're breathing (consciousness isn't necessary if they have a pulse) move on to the occupants of the other cadr! If you are certain that you were at-fault, ignore any occupants in your own car and check on the other driver and anyone is that car first! They are the ones who can sue you for millions, so you want to make sure they're not seriously injured...but if they appear to be mortally wounded, place a pillow or other thick cloth material over their nose and mouth and hold firmly for at least two minutes....or until they quit fighting....it's the humane thing to do.....
  • marsha7marsha7 Posts: 3,670
    you must protect yourself, esp if you are in a wreck with an at-fault cop, because the system will protect them until the evidence is overwhelming...which is why I say keep the scene intact until police arrive...

    "marsha- you know we have the "If you steer it, clear it" law here in Georgia. =)"

    As I said, protect yourself...once those cars are moved, few officers will gamble and "decide" who is at fault, they will just split the difference, which means YOU pay for your damages and your injuries and your medical treatment and no $$$ for your injuries...

    Quote the law all you want...the decision is yours...

    BTW, all you can get is a ticket for not moving the cars...the tickety may be $100 but your damages could be in the $1000s, possibly mega-$1000s...you make the choice...
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