by writeterrynow » Sun Jul 05, 2009 07:45 pm
and I parked my vehicle until I could afford to get it again. While it was parked an uninsured motorist slammed into it causing $4000.00 worth of damages. Police came and did a report. She tested positive for methamphetamine, amphetamine, and THC. She got a DWI-Drugs and ticket for not staying on her side of the road. Was I suppose to maintain insurance even if I'm not using my vehicle? Am I suppose to report this accident to The Dept. of Motor Vehicle?
Posted: Sun Jul 05, 2009 11:54 pm Post Subject:
You are probably required to carry insurance if the vehicle is registered.
You could file in small claims court against the at-fault party but it's unlikely that you would be able to collect anything from this person.
You should contact your state DMV/Financial Services office and inquire if there is anything they can do in this situation. Sometimes you can fill out some paperwork and include a copy of the police report so that they will suspend the person's drivers license until that person can show that they paid you for your loss.
Posted: Mon Jul 06, 2009 03:50 am Post Subject:
Hi Writeterrynow,
It's indeed a very unfortunate situation for you. You have a suspended policy and so is the other driver. At this juncture your only option is to sue the uninsured motorist for the loss.
Even when the vehicles are off road, the owners are normally suggested to carry at least comprehensive coverage on the car to avoid losses incurred by theft and/or vandalism.
Have you tried shopping around? You may find a policy to suit your pocket.
~ Jeremy
Posted: Mon Jul 06, 2009 06:47 am Post Subject:
Hi Terry..
Everybody gave you good suggestions..but I'm amazed to know that someone could hit a parked vehicle so hard as to cause damages worth $4,000. Still, it's good to know that you're not the party at-fault. Are you gonna file at the small claims court?
Or else what are you planning do now?
Am I suppose to report this accident to The Dept. of Motor Vehicle?
You could..all insurance programs (inclusive of the liability programs) in Missouri would offer you a minimum of $25,000 worth of uninsured motorist coverage for each person. Please try hard to get covered again, so that you can avail this benefit. Also, remember that there's a statute of limitations towards filing an uninsured motorist claim. But, I guess it would prove too costly if you need to consult a personal injury attorney. Am I right!
Steven
Posted: Mon Jul 06, 2009 12:09 pm Post Subject:
Missouri would offer you a minimum of $25,000 worth of uninsured motorist coverage for each person.
Steven, this wouldn't help the OP with repairs to his vehicle MO's manditor UM coverage if or UMBI...so if he had carried the min. it wouldn't help...he would've needed to purchase Collision coverage or UMPD which are not required.writeterrynow, you can file a state report that will pull the license and plates of this uninsured driver. However, lot of good that will do you...your best (and cheapest) bet is to contact the prosecuting attorneys office and ask that restitution be part of the at fault drivers sentence/probation. The prosecutor will likely do this anyway but I'd certainly make sure. MO also has a victim/witness fund that can help in situations like this. Contact the prosecuting attorneys office for this as well.
If this crank head has a job I'd certainly file in small claims and secure a judgement. I think our small claims limit is 5k so you'll be well within that.
Let us know if we can be of further assistance.
I don't think that you're required to carry ins unless you are operating your vehicle on public roads. And had you had insurance unless you had collision or umPD it wouldn't have helped you in this case anyway.
I'm so sorry this happened...again, call the prosecutor today!
Posted: Mon Jul 06, 2009 01:15 pm Post Subject: Thanks, I am...
Thanks everyone. I'm going (to walk) to the prosecuting attorney's office today. See what's up. I also found something either in MO revised statutes or at the DMV site about an uninsured motoerist signing an agreement with the other party to make payments on damages and thus preventing some sort of legal action against them. I had the cheapest insurance but have been oit of work. I'm a bail bond agent. Got a call to bond two people out over the weekend and couldn't go. Geez. Yes, $4000 is a lot. Especially since I have a large SUV and she had a tiny car. She shoved mine 12 feet and off into a concrete culvert. The axle is bent and I need some sort of "rear housing", the front was damaged when it hit the concrete and at the impact point my bumper and rear side and tires are messed up. Her bumper was no longer attached to her car and was "stuck" in my tail pipe and bumper with her license plate on it. Thanks again. I'm just scared I'm going to loose my license for not having insurance even if I wasn't using it simply because its registered. I can't understand the laws I've read.
Posted: Mon Jul 06, 2009 01:44 pm Post Subject:
I can't understand the laws I've read.
Did you come across the laws and updates online?
Thanks again. I'm just scared I'm going to loose my license for not having insurance even if I wasn't using it simply because its registered.
How did you come to that conclusion?
Did you consult with an insurance professional?
Steven
Posted: Mon Jul 06, 2009 01:52 pm Post Subject: This is the law unclear to me...
303.025. 1. No owner of a motor vehicle registered in this state, or required to be registered in this state, shall operate, register OR MAINTAIN REGISTRATION OF A MOTOR , or permit another person to operate such vehicle, unless the owner maintains the financial responsibility which conforms to the requirements of the laws of this state. AND LATER IT SAYS... however, no owner shall be in violation of this subsection if he or she fails to maintain financial responsibility on a motor vehicle which is inoperable or being stored and not in operation. MINE wasn't inoperable and technically it wasn't "stored" just parked. AND... "In addition to any other authorized punishment, the court shall notify the director of revenue of any person convicted pursuant to this section and shall do one of the following:
(1) Enter an order suspending the driving privilege as of the date of the court order. If the court orders the suspension of the driving privilege, the court... blah blah"
Posted: Mon Jul 06, 2009 10:14 pm Post Subject:
I'm just scared I'm going to loose my license for not having insurance even if I wasn't using it simply because its registered. I can't understand the laws I've read.
I've been in this biz over 20years in this state, and I've NEVER seen a license or plates pulled for a parked uninsured vehicle in the state of Missouri...I don't think you have a thing to worry about really...stop worrying... :wink: You've got enough to worry about getting a vehicle to drive for Pete's sake! :wink: Seriously, the absolute worse that 'could' (and never will) happen is your plates pulled (as the owner of an uninsured vehicle)...you were not driving it.Let us know what the prosecutor has to say.
Posted: Tue Jul 07, 2009 06:06 am Post Subject:
Hi Terry,
The suspension of your driving privilege could have been established had the sequence of events matched the ones described by you above. But now I don't see any particular reason for you to worry so much!
Steven
Posted: Tue Jul 07, 2009 06:29 pm Post Subject:
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