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Insurance: options when hit by uninsured motorist



  • 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: 3,661
    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: 3,661
    trying to help, even if that help is worse than useless...:):):) ;) :confuse:
  • dedaof3dedaof3 Posts: 1
  • 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: 6,919
    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: 3,661
    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: 3,661
    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: 3,661
    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 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: 5,284
    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.
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