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Insurance: options when hit by uninsured motorist

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Comments

  • gogiboygogiboy Member Posts: 732
    Thanks jl and cc for your responses. I'm going to talk to my agent. The umbrella certainly sounds like it is well worth the extra piece of mind that it will provide.

    Gogiboy
  • marsha7marsha7 Member Posts: 3,703
    My thinking is like this: depending on your auto insurance company, first have their maximum BASE policy...some have 100/300, some have 250/500 or some variation thereof...

    Then, with that company, find out what their premium is for their version of a 1 million and a 2 million umbrella policy, as it will pick up exactly where the max base policy stops...

    To insure two 2004 vehicles, I pay $1200 per year total, that's for 100/300 liability, 250 deductibles for comp and collision, 100K in medpay, 100K in UM, plus towing, rental car insurance...another $150 is added to bring the LIABILITY up to 1 million, and another $150 brings the UM up to 1 million, so my umbrella policies cost me an extra $300 yearly...

    Yours might be a little cheaper, since my company sells liability and UM umbrellas separately, some may cover them both with one umbrella policy...

    So, if I damage you, I am covered up to 1 million...if you damage me, and either have no insurance or only 50K liability but I have $250K in meds, my UM one million umbrella will compensate me for your failure to insure enough...

    I guess I ought to follow my own advice and find out how much a 2 or 3 million umbrella would cost...who knows, it may be priced like medpay...only $1000 in medpay costs about $35 yearly, but $50-100,000 coverage only adds about $35 more, as the cost/per/thousand in coverage drops dramatically...

    Also, your thought of middle class is meaningless to me, altho some might argue that it is the middle class (that includes me, too) that the middle class always takes it on the chin...I feel that high limits should be carried by everyone, since you can be seriously injured or killed in a 1972 Chevy Nova (car worth only $100, so drop comp and collision but keep all the other stuff as injuries occur independently of the vehicle or its value) or a 2007 Lexus LS 460...that is why I look at folks with a dumb look when they tell me they were injured in a wreck, they were in a 72 Nova, they had no ins but basic liability, and the other idiot was uninsured...when I ask why they dropped the stuff other than comp and collision, they ALWAYS respond, "But it's an old car"...to which I respond, "And does that prevent you from being injured when you hit someone or someone hits you???"..."Gee, I never thought of that"

    Maybe Bill Gates and Warren Buffet, both billionaires, can go without the insurance because they can literally insure themselves against any million $$$ payout, but you and I cannot do that...

    And if you never have a wreck, I will NEVER consider it money wasted on premiums...did you waste $$$ insuring your house against fire, even tho it never burned in the 40 years you lived there???

    Insurance is a bet against risk...we risk a serious accident every time we drive, and everytime we rubberneck we think "that could have been me"...well, it could be, and someday it might be...I would rather be insured against the risk as opposed to going bare (and illegal) and know that I have also done the right MORAL thing (yeah, yeah, morals from a lawyer, that's like kindness from Saddam) so that I am covering me for my injuries (if they cause them) and them for their injuries (if I cause them)...

    Anything less makes no sense...and if you can't afford it, just remember...if you are uninsured and get seriously injured by someone uninsured, you will get nothing and live on food stamps...then you will think back and realize just how important it is to have more than "the legal minimum" for auto insurance...

    Small rant coming to an end...
  • gogiboygogiboy Member Posts: 732
    "Yours might be a little cheaper, since my company sells liability and UM umbrellas separately, some may cover them both with one umbrella policy...

    So, if I damage you, I am covered up to 1 million...if you damage me, and either have no insurance or only 50K liability but I have $250K in meds, my UM one million umbrella will compensate me for your failure to insure enough..."

    Are any of the umbrella policies useful for upping the coverage on one's house as well?

    "And if you never have a wreck, I will NEVER consider it money wasted on premiums...did you waste $$$ insuring your house against fire, even tho it never burned in the 40 years you lived there???"

    Like you I never consider it wasted money, just the price of living in a society where not everyone can, or is willing to, carry their weight. I said middle class only to reflect my assets that need protecting aren't "high value", but I want to protect them nonetheless. I would guess that the rich and super-rich carry plenty of insurance to protect themselves (despite being able to pay damages out of pocket) from nuisance lawsuits. Of course, folks like Bill Gates and Warren Buffet probably each have their own law firm on retainer particularly with the amount of charitable giving that both are involved with.

    Thanks for the info. I'm printing off your response to use when talking to my agent.

    Gogiboy
  • jlawrence01jlawrence01 Member Posts: 1,757
    **Are any of the umbrella policies useful for upping the coverage on one's house as well? **

    The umbrella policy covers BOTH your house AND your vehicle. If you have $100k liability on your house and a $1M umbrella policy and you have a claim against you for $300k, the umbrella will cover all damage over the $100k.

    Part of Warren Buffet's fortune was made at what in known in the business as REINSURANCE. Let's say that you have a building like the World Trade Center. No single insurer would take the risk of having so much exposure in one building. Therefore, one company will underwrite the risk and tehn purchase reinsurance from several other carriers.
  • calicarcalicar Member Posts: 1
    Hi,

    I was rearended in LA in december by an uninsured motorist. Her policy had expired the month before. I am insured with AAA in california. Now she has hired a personal injury lawyer. I have pictures from the accident and a witness but no police report since 3 cops said it was an open and shut case in their opinion. My car is getting worked on and I have good coverage but I'm worried that she is trying to sue me? Any suggestions? Please help.
  • cccompsoncccompson Member Posts: 2,382
    Just notify your insurance company when you are served with the court filing. They will defend you and likely seek to collect for both your damages and her frivilous litigation.
  • marsha7marsha7 Member Posts: 3,703
    Sorry for leaving that out...when you buy the umbrella policy, esp for the liability portion of your auto policy, it also covers your home, assuming that your home and car are insured with the same carrier, as most, but not all do...I am also assuming that when folks buy those cheapie "bare minimum" policies, they are not insuring their home with the same policy, altho I do not really know...

    But, yes, the same policy that raises my auto to 1 mil also raises my homeowners to 1 mil...since we were on autos, I did not think to add that, but I should have done so...

    It isn't that Buffet and Gates have their own law firms, it is that they have enough $$$ that a million dollar judgment against them would be paid out of petty cash...the reason you and I have insurance is because we cannot absorb a judgment like that, so we pay premiums to a collective entity who can...after all, Gates with 54 billion in wealth could probably buy many small insurance companies and pay their claims out of petty cash...:):):)

    Calicar: if the uninsured party eas at fault, for them to hire a lawyer, and for the lawyer to take the case, is insane...it is possible, however, that the atty has not seen the police report, and sometimes we tentatively take a client based on THEIR description of the wreck, waiting to see the accident report...then, the report comes in and contradicts their entire story, and we throw the case away realizing they have lied to us...some folks are so stupid that they think we will not read the accident report...

    Also, you have those folks, really nice folks, who post on these topics, complaining that they did not call the police because the other guy said he would pay the damage himself...everybody leaves the scene, and now there is no proof of who hit who, and the innocent party posts here asking what to do, and the only answer is to suck up and pay your own claim, as I always advise to never trust the other party to do what is right, simply because they won't...so, that case comes into me saying that someone drove into them and did not yield the right of way...if no report to verify, I will not take the case, but some attys will take anything...

    BTW, I really did have a case where my client was sitting at a red light on a hill, and the truck in front of him slipped backwards and "front-ended" him, whereas anyone would have thought that my client rear-ended the truck...

    Two eyewitnesses stopped and told police that the trucker backed into my client, otherwise who would believe anything but a rear-ender???...
  • thingyamabobthingyamabob Member Posts: 3
    This is a very good article on what to do when you are hit by an uninsured driver.

    What Happens If You Get Hit By An Uninsured Driver?
  • kim23kim23 Member Posts: 1
    I was driving a friends car, accidently totaled it, i got the ticket because of failing to make sure the coast was clear before proceeding through a stop sign. My friend bought a new car about 2 days after the wreck and I paid her back the money she paid for the car (she paid $500), the car i wrecked was probably worth about $800. She insists that i owe her more money. Do I? I don't know what to do. :cry: btw..she and i are no longer friends. She hinted that she is going to sue me. what can she get?
  • marsha7marsha7 Member Posts: 3,703
    was worth $800, and you paid her $500, I think you owe her $300...just because she replaced it with a cheaper car doesn't mean you don't owe her the value of what she had...

    If her Mother gave her a car for free, would you think you didn't have to pay for the one you wrecked, since it didn't cost her for her Mother's "gift?"

    Either this is too simple, or I have missed something terribly relevant while being overserved at dinner..:):)
  • tidestertidester Member Posts: 10,059
    the car i wrecked was probably worth about $800

    You didn't wreck the "new" car. You wrecked the "old" car. The old car was worth $800 when you wrecked it. You owe her $800. You might also consider tossing in a little more for the aggravation and inconvenience you caused your friend - along with some very sincere apologies. :)

    tidester, host
    SUVs and Smart Shopper
  • dtownfbdtownfb Member Posts: 2,918
    I'll start off by saying both marsha and tidester are right. But I'm having a tough time with this.

    You two are friends and you accidently wrecked her car which is worth about $800. Sure you didn't pay her the full $800 but you did pay for her replacement car. A car that she chose to buy before you paid her.

    I don't want to seem like a snob or uppity but we are talking about a $800 car. I've seen $800 cars. Most of the time if they are totaled, you are upset not because you lost a great car but because you have to replace a car which you paid for. Most of the time it involves a monthly payment or something. She replaced it with a $500 car...which you gave her the money for. Maybe if you had totaled a $5000 car and only gave her enough for a $2500 car, I can see her anger. But we are talking about $300...maybe!!! From both sides, I don't see losing a friendship over this. Or going to court.

    Offer to fill up her gas tank a few times. Or take her out to a nice restaurant. Or just give her the money. Friends ar hard to find, esp. when you get older.
  • jlawrence01jlawrence01 Member Posts: 1,757
    You two are friends and you accidently wrecked her car which is worth about $800. Sure you didn't pay her the full $800 but you did pay for her replacement car. A car that she chose to buy before you paid her.

    Let me put it in a little different terms.

    I have a beater that is worth $1000 on the market. It is a car that I have owned for a long time, taken care of the vehicle very religiously, and plan to keep the car for another 2 or 3 or maybe even 5 more years.

    You plow into my car and total it. Your insurance company pays me $1000. Legally, you are off the hook.

    However, I am pretty ticked off. Now i have to go all over town and find a new ride. (And that takes a minimum or two weeks for me.) Then I either have to reach for my wallet to buy a new car or get into payments - which, by the way, wasn't in my budget because PLANNED TO KEEP THE CAR FOR A FEW MORE YEARS.

    To YOU, it was an old beater, to me, it had a value beyond its book value.
  • marsha7marsha7 Member Posts: 3,703
    I can see your point, but I do not know the financial status of these two people...for some, $300 may be a major expense, and while a friendship may not be worth losing over $300, it still stands as owed until the "lender" says it is not...

    One could also be the friend by not shorting her the $300 to begin with...
  • dtownfbdtownfb Member Posts: 2,918
    I completely understand your point marsha7. Legally, the OP owes her friend $300.

    but when dealing with friendship, you take into account the other person's situation (personal and financial); the fact it was an accident; while yes your property is gone, you have a suitable replacement that did not affect you financially. I'm saying this $300 should not have ruined their friendship. Yes $300 is a lot of money for some people. But the OP came up with $500 to pay her friend and the friend came up with $500 for the replacement car. If the OP can't afford the extra $300, then can't they compromise. Is it really necessary to sue your FRIEND for $300 esp. when it doesn't adversely affect you financially? Personally, I would be upset cause my car is gone but I have replacement car (that I chose) that is paid for. Some things you simply write off. You're aren't happy about it but you write it off because your friend did pay you for the replacement car.

    I guess I'm just naive. hang a big L on my forehead and send me on my way.
  • dtownfbdtownfb Member Posts: 2,918
    Jlawrence01: what you are using as an example is not what happened here. No insurance company involved, just two friends. The friend found a replacement car for $500 two days after the accident. She did not have to incur any car payments and obviously she was able to reach into her wallet (or someone else's) and pay cash for the car. The OP PAID her the $500 for the replacement car so the friend did not incur any financial burden because of this accident. No car payment, no change in budget, nothing. All she lost was sentimental value, if this car had any. I'm guessing it didn't since she was able to replace it within two days with a cheaper one. Of course we don't know either one's financial situation but I would think if the owner of the car could not afford to buy another, she would have waited for the OP to cough up the $800 before purchasing the replacement car.

    Like I mentioned earlier, legally marsha7 and tidester are absolutely right, the OP still owes her friend $300. But friends should be able to work it out. Of course, I suspect that these two weren't really good friends and there are other things going on.
  • jlawrence01jlawrence01 Member Posts: 1,757
    But friends should be able to work it out. Of course, I suspect that these two weren't really good friends and there are other things going on.

    Or the "friend" has acted rather flippantly about wrecking an older vehicle.

    Your story struck a raw nerve in my personal life. I lent a car to a "friend" in need. He tore it up in the month that he had it. Didn't really cost me anything ... it was the principle involved.
  • dtownfbdtownfb Member Posts: 2,918
    I'm simply giving my opinion on the OP story. Sorry if it struck a nerve. Based on what you are saying about your friend, I can see why you were upset. That is just wrong.
  • marsha7marsha7 Member Posts: 3,703
    On one point I do agree with you, and that is that I would think it was not the best thing to file suit...and, forgive me, sometimes the posts go back far enough that I only remeber the point that I made in response, forgetting some of the other pertinent points...

    So, while the $300 was owed and should have been paid, I think filing suit may be over the top, but, alas, we REALLY do not know just how good these friends actually were...maybe it WAS worth filing suit, as there may be facts you and I simply do not know...

    I can atleast assert this: I would not have consented to be retained to file suit for the $300, but that is why we have the People's Court...:):):)...to keep the damn lawyers out of it...
  • dtownfbdtownfb Member Posts: 2,918
    Send them to Judge Judy. She'll set them straight.
  • bolivarbolivar Member Posts: 2,316
    And be a New York b**** while doing it.

    I hate that woman.
  • walker7309walker7309 Member Posts: 1
    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 Member Posts: 10,059
    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 Member Posts: 3,703
    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 Member Posts: 240
    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 Member Posts: 10,059
    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 Member Posts: 240
    >> 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 Member Posts: 3,703
    trying to help, even if that help is worse than useless...:):):) ;) :confuse:
  • dedaof3dedaof3 Member 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 Member 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.
  • livintheoclivintheoc Member Posts: 58
    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 Member Posts: 13,665
    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?
    2023 Honda Accord Hybrid Touring
  • marsha7marsha7 Member Posts: 3,703
    I posted an answer to this in Stories from the sales Lines, or whatever it is called...
  • tidestertidester Member Posts: 10,059
    That would be Stories from the Sales Frontlines. :)

    tidester, host
    SUVs and Smart Shopper
  • reelonereelone Member Posts: 2
    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!!!
  • reelonereelone Member Posts: 2
  • marsha7marsha7 Member Posts: 3,703
    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 Member 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 Member Posts: 3,703
    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 Member Posts: 13,724
    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.
    '15 Audi Misano Red Pearl S4, '16 Audi TTS Daytona Gray Pearl, Wife's '19 VW Tiguan SEL 4-Motion
  • andres3andres3 Member Posts: 13,724
    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.
    '15 Audi Misano Red Pearl S4, '16 Audi TTS Daytona Gray Pearl, Wife's '19 VW Tiguan SEL 4-Motion
  • andres3andres3 Member Posts: 13,724
    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.
    '15 Audi Misano Red Pearl S4, '16 Audi TTS Daytona Gray Pearl, Wife's '19 VW Tiguan SEL 4-Motion
  • marsha7marsha7 Member Posts: 3,703
    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 Member Posts: 4,120
    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 Member Posts: 3,703
    "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 Member Posts: 4,120
    Preserve the scene...stay there until the cop arrives...and make the other guy pay for his poor driving...

    Exactly!
  • igozoomzoomigozoomzoom Member Posts: 801
    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!?!?!
    2015.5 Volvo S60 T6 Drive-E Platinum, 2012 Mazda CX-9 GT
  • igozoomzoomigozoomzoom Member Posts: 801
    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.....
    2015.5 Volvo S60 T6 Drive-E Platinum, 2012 Mazda CX-9 GT
  • marsha7marsha7 Member Posts: 3,703
    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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