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 Posted: Mon Jul 20, 2009 7:31 pm Post subject: What are the options when hit be an uninsured motorist? |
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My Aunt was hit by a driver that did not have proof of insurance. The accident happened in Colorado and her car was totaled. She had to sell it to the towing company or pay storage fees of $85 a day. She has a copy of the police report but has not been able to contact the person that was responsible for the accident. Her injuries were minor, and her son who was in the car with her went to the doctor, but is fine other than bruises and soreness. She has had to take a taxi to work. She is also inconvenience without her car she has to have people take her to run errands, for groceries, to the bank, etc...
What are her options? She cannot afford a lawyer.
She just wants to be compensated for her vehicle so that she can get transportation. |
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martmasc
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Joined: 20 Jul 2009
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| Posted: Mon Jul 20, 2009 8:55 pm Post subject: |
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Has she contacted her insurance company yet? Hopefully she has uninsured motorist coverage, but if not...there are a few other things to check.
You said that the other driver did not have proof of insurance, but is it possible that they do indeed have car insurance and just didn't have the ID card in the vehicle?
Her insurance company will probably be a lot of help, especially in making sure that the right person pays for the ordeal. It sounds like a tough situation, let us know if there's anything we can asnwer for you! |
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ChrisBantly
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Joined: 11 Mar 2009
Posts: 381
Location: Upstate SC
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| Posted: Mon Jul 20, 2009 9:12 pm Post subject: |
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There are many things that can be done but this does not mean that they will help.
If the person did not have proof of insurance, they should have been cited for this and needed to show up in court. If they had insurance, they should show it to the judge. If the person was not cited and did not show proof of insurance, I'd complaint to the police officers supervisor as they were not doing their job.
Your aunt probably does not have uninsured motorist property damage or collision?
Your aunt can call the the state of Colorado (I'm not sure what dept) to see if there is some paperwork that she can fill out so that the person's drivers licenses can be suspended until they show proof that your mother was paid in full.
Your aunt can file in small claims court and be awarded a judgement. It would then be up to her to find something to attach that judgement to (some states will allow garnishment of wages... I don't know about Colorado). |
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tcope
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Location: Salt Lake City, UT
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| Posted: Tue Jul 21, 2009 2:33 am Post subject: |
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| As it seems from the facts explained by you your aunt does not seem to have uninsured motorist coverage and given the fact that she cannot afford a lawyer, the best way is to trace the other driver through police and sue him to get an attachment order against his wages to compensate you. |
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Neetalia
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Joined: 15 Jul 2009
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| Posted: Tue Jul 21, 2009 7:29 am Post subject: |
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Martmasc, I'd agree to what Chris has said about getting help from her own insurance company. They can also help her in finding the insurance information of the other driver. Therefore, she should contact her carrier immediately.
Also you need tell us what coverage she has. As the other members have pointed out, if she was hit by an uninsured driver then uninsured motorists coverage should be her first choice. |
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kelvin
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Joined: 22 Nov 2005
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| Posted: Tue Jul 21, 2009 1:07 pm Post subject: |
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I guess the other person is being looked upon as the party 'at-fault'..but why is she not being able to contact the other party? Was it a hit-n-run accident without a trace of the offender?
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