Should'nt uninsured driver automatically be more at fault?

Message Author
ampm-bookmark
delicious-small Add to delicious
yahoomyweb-small Add to YahooMyWeb
blinklist-small Add to BlinkList
PostPosted: Wed Sep 10, 2008 3:31 pm   Post subject: Should'nt uninsured driver automatically be more at fault?  

My fiance was driving my car when he made a left turn at a green stop light. An oncomming car sped up to make the light and hit him in the rear, behind the back tire. I know in general he would be at fault, but the other car had no insurance, so in the state of New Jersey, should not have been on the road. My insurance company is attributing 75% of fault to us. If it were 50% or less, we could get coverage without the deductible. Shouldn't a person without insurance be more at fault if they were not supposed to legally be on the road?

Pitsy43
New member
Leave a quick message



Joined: 10 Sep 2008
Posts: 1


2.23 Dollars($)

PostPosted: Wed Sep 10, 2008 5:54 pm   Post subject:   

Based on what you posted I don't see why 75% liability would be against your fiance but perhaps I'm not understanding correctly what happened. Also, while I don't know NJ laws very well, I don't see why liability would allow a deductible to be waived... unless it's because you should actually be subject to a deductible (under collision coverage) and for some reason your carrier agrees to waive it if your fault is less then 75% (but I don't think that makes sense). But you asked the following:

Quote:
Shouldn't a person without insurance be more at fault if they were not supposed to legally be on the road?
Nope... them not having insurance does not change fault in the accident and it's fault in the accident that is the only issue. They should be cited for not having insurance and those penelties address their lack of insurance. Also, your carrier should still pursue any legal means of recovery directly against that party even if they did not have insurance (I say it that way as I don't know what the negligence laws are in NJ, i.e. if more then 50% liability against your fiance bares you from recovering anything from the other party).
tcope
Forum Expert
Leave a quick message

tcope
Forum Expert

Joined: 22 Nov 2006
Posts: 6175

Location: Salt Lake City, UT
375.37 Dollars($)

PostPosted: Wed Sep 10, 2008 7:57 pm   Post subject:   

Quote:
Based on what you posted I don't see why 75% liability would be against your fiance but perhaps I'm not understanding correctly what happened.
The way I take it he made a left hand turn on a SOLID green other driver was going straight, he did not yield to thru/on coming traffic...You always have to yield when turning left on a SOLID green (no green arrow)....I'm frankly surprised your fiance didn't get more than 75% If I were handling the claim he'd have got 100%....
Quote:
If it were 50% or less, we could get coverage without the deductible.
I don't get that one either Confused How is that possible Pitsy? What coverage could they have paid you under to repair your vehicle with NO deductible? Please explain that to us....I'll do some checking on NJ insurance laws...but never heard of that...
Quote:
I know in general he would be at fault, but the other car had no insurance, so in the state of New Jersey, should not have been on the road
He's still at fault, I do understand your frustration, and if I were the boss of the world your finace would still be at fault but the owner and drivers of uninsured vehicles would be barred from recovery, however thier innocent passengers should be able to collect...were there any passengers in this accident? Is the other guy claiming an injury as well as vehicle damage?



Unfortunately, negligence, and liability have nothing to do with whether or not a person is responsible and insured...You will have to pay the deductible and more than likely bare a rate increase for this accident.


_________________

"Never, never be afraid to do what's right, especially if the well being of a person or animal is at stake. Society's punishments are small compared to the wounds we inflict on our soul when we look the other way." Martin Luther King Jr.
Lori
Forum Expert
Leave a quick message

Lori
Forum Expert

Joined: 10 Sep 2007
Posts: 8080

Location: Missouri
287.93 Dollars($)

PostPosted: Wed Sep 10, 2008 8:49 pm   Post subject:   

Well from what I've read on the NJ DOI page, (and let me tell you NJ has some of the most complicated ins. regulations I've ever seen! Glad I'm not an adjuster in the garden state! wow!) sounds like you all cannot collect from the uninsured driver at all if you are one percent MORE at fault than the other guy you are barred from recovery (we call this the 51 or 49% rule alot)....he can collect his 75% but you cannot collect from him at all..Also it looks like if you file a UMPD claim that you would only be eligible to collect 25% of your damages...(the amount the other uninsured guy was negligent) subject to the deductible of course.. Rolling Eyes which is 500 looks like standard...



some great news I did find though was this:

Quote:
Sunday, 07 March 2004

A state law was upheld by the New Jersey Supreme Court, which bars the right of an uninsured motorist to sue for noneconomic damages resulting from an injury from an automobile accident. A state law was upheld by the New Jersey Supreme Court, which bars the right of an uninsured motorist to sue for noneconomic damages resulting from an injury from an automobile accident.


however

Quote:
“The law is fair because it allows an injured person to receive economic damages-for car repairs and hospital bills-even if that person is uninsured. But these uninsured drivers don't deserve anything extra.”
meaning they can collect on their economic losses...sorry


_________________

"Never, never be afraid to do what's right, especially if the well being of a person or animal is at stake. Society's punishments are small compared to the wounds we inflict on our soul when we look the other way." Martin Luther King Jr.
Lori
Forum Expert
Leave a quick message

Lori
Forum Expert

Joined: 10 Sep 2007
Posts: 8080

Location: Missouri
287.93 Dollars($)

PostPosted: Wed Sep 10, 2008 10:14 pm   Post subject:   

Quote:
meaning they can collect on their economic losses
That is still the typical "No pay, no play" rule as it is always the case that it only bars non-economic claims.
tcope
Forum Expert
Leave a quick message

tcope
Forum Expert

Joined: 22 Nov 2006
Posts: 6175

Location: Salt Lake City, UT
375.37 Dollars($)

PostPosted: Thu Sep 11, 2008 3:35 am   Post subject:   

If the driver is at fault, the damage for his or her car would be paid for by the collision coverage. This is where the deductible comes in to play. If the other party was at fault their liability insurance should pay. In this instance the deductible isn't an issue.



The deductible should only affect the money paid to cover the car driven by the person at fault. This should not affect the money that needs to be paid to the other party.



_________________

Personal insurance

CT health insurance

Insurance sales leads
Alston
Preferred member
Leave a quick message



Joined: 15 May 2007
Posts: 134

Location: Bridgeport, CT
41.29 Dollars($)

PostPosted: Thu Sep 11, 2008 10:29 am   Post subject:   

Quote:
If the driver is at fault, the damage for his or her car would be paid for by the collision coverage. This is where the deductible comes in to play. If the other party was at fault their liability insurance should pay. In this instance the deductible isn't an issue.
We understand that Alston but that isn't what she said, she said
Quote:
If it were 50% or less, we could get coverage without the deductible
And since she knows the other party is uninsured, can't be thinking there is a PD claim...that's the confusion.


_________________

"Never, never be afraid to do what's right, especially if the well being of a person or animal is at stake. Society's punishments are small compared to the wounds we inflict on our soul when we look the other way." Martin Luther King Jr.
Lori
Forum Expert
Leave a quick message

Lori
Forum Expert

Joined: 10 Sep 2007
Posts: 8080

Location: Missouri
287.93 Dollars($)

PostPosted: Fri Dec 18, 2009 12:26 am   Post subject:   

The truth is in NJ the uninsured motorist is 100% at fault. He sould not have been on the road thus the accident would have never occured. NJ is a No-Pay / No-Play state. He can still attempt to file in small clams court but at the cost of losing his license and paying high fines that he can't associate towards you. It's basiclly ends up as a wash.


_________________
Register Now to have your Insurance queries solved.
betterthanLori
Guest







PostPosted: Fri Dec 18, 2009 1:16 am   Post subject:   

Congrats for digging up a thread thats 3 years old. Rolling Eyes

Trench
Senior member
Leave a quick message



Joined: 16 Sep 2009
Posts: 908

Location: Kansas City
152.85 Dollars($)

PostPosted: Fri Dec 18, 2009 2:01 am   Post subject: insurance  

I don't think the thread was 3 years old..I think it was from September of last year. "Better than LORI?" ..no, I disagree with that one. Ya know,....i REALLY think if someone CHOOSES to drive without car insurance, they should be 100% 'at fault' when they get into an accident.

sdchargersfan
Senior member
Leave a quick message

sdchargersfan

Joined: 21 Aug 2007
Posts: 2052


5.14 Dollars($)

PostPosted: Fri Dec 18, 2009 2:10 am   Post subject:   

Quote:
.i REALLY think if someone CHOOSES to drive without car insurance, they should be 100% 'at fault' when they get into an accident.
So, we have a single mother of 4 who just got laid off and she can't afford to pay her insurance until she gets a job. But she needs to drive to find a job. It's wrong... but its life. I'm drunk... just as bad... and I run a red light and hit her. What you're saying is that she should have to pay for my loss? Seems fair to you?



As you can see, the point I'm making is that driving w/o insurance is not related to who is at fault, nor should it change this. The two things are mutually exclusive. A person who drives w/o insurance should be cited and have to pay the price... but that price should have nothing to do with liability in the accident.
tcope
Forum Expert
Leave a quick message

tcope
Forum Expert

Joined: 22 Nov 2006
Posts: 6175

Location: Salt Lake City, UT
375.37 Dollars($)

PostPosted: Fri Dec 18, 2009 2:24 am   Post subject: insurance  

TSCOPE..............I 'see your point'. You're right..that IS life. However......the INSURED driver shouldn't 'suffer' because someone chose to drive with out Insurance.

sdchargersfan
Senior member
Leave a quick message

sdchargersfan

Joined: 21 Aug 2007
Posts: 2052


5.14 Dollars($)

PostPosted: Fri Dec 18, 2009 11:57 am   Post subject:   

Hey Einstien, first off this post is more than a year old, secondly your choice of a screen name shows you to be a low class coward, thirdly you are WRONG..



From the dept of ins state of NJ..



Quote:
When filing an Uninsured/Underinsured Motorist claim it is important to remember that your company "stands in the shoes" of the Uninsured/Underinsured driver and will only pay your claim if the other driver was legally responsible for your damages, or in other words, at-fault for the accident. Under New Jersey’s Comparative Negligence law, you can only collect damages if your degree of liability does not exceed that of other driver(s) in the accident.



As comparative negligence allows for more than one person to be at fault for an accident, your company can reduce the settlement of your Uninsured/Underinsured Motorist claim by any percentage of fault that may be attributable to you.



Example:

After being involved in an accident with another driver you find out from their insurance company that they did not carry any insurance. You then submit your damages totaling $10,000, to your own company for reimbursement under Uninsured Motorist. Your company investigates the claim and determines that the uninsured driver was 80% at-fault for the accident and you were 20% responsible. Under these circumstances, your company would be responsible for 80% of your damages up to the limits on your policy, or $8,000, and would end up paying you $7,500 after applying the $500 policy deductible.

As you can tell by the above example, an uninsured driver is NOT automatically 100% at fault...and another thing, brain child...I've NEVER read a 'no pay no play' law that disallowed "economic losses"...(look up the term) Rolling Eyes Wait here you go Skippy, right straight from your state's no pay no play law,
Quote:
“obtain automobile liability coverage or lose the right to sue for your injuries

Quote:
New Jersey statute N.J.S.A. 39:6A-4.5 prevents three groups of people from suing for personal injuries in automobile accidents: (1) Owners of cars who are required to be insured and who are not; (2) Drivers operating a vehicle under the influence of drugs or alcohol; and (3) Drivers who act with intent to injure others.
These laws have ZERO, to do with liability determination..(as do ALL no pay no play laws)



Now, there you go BAM!! , not only are you NOT "betterthanlori" you are not fit to carry my coffee on your best day son..


_________________

"Never, never be afraid to do what's right, especially if the well being of a person or animal is at stake. Society's punishments are small compared to the wounds we inflict on our soul when we look the other way." Martin Luther King Jr.
Lori
Forum Expert
Leave a quick message

Lori
Forum Expert

Joined: 10 Sep 2007
Posts: 8080

Location: Missouri
287.93 Dollars($)

PostPosted: Sun Jun 06, 2010 5:22 am   Post subject: UNINSURED MOTORISTS  

I WAS SITTING IN THE DRIVER SEAT OF A PARKED VEHICLE WITH THE CAR TURNED OFF IN A PARKING LOT. A 16 YEAR OLD KID REVERSED OUT OF HIS PARKING SPACE AND HIT THE FRONT END OF MY VEHICLE. THE VEHICLE THAT I WAS SITTING IN IS INSURED TO SOMEONE ELSE.NOT ME. HOW WOULD THIS PLAY OUT???


_________________
Register Now to have your Insurance queries solved.
ESG
Guest







PostPosted: Sun Jun 06, 2010 5:44 am   Post subject: UNINSURED MOTORISTS  

I AM IN CALIFORNIA.


_________________
Register Now to have your Insurance queries solved.
ESG
Guest







All times are GMT
1, 2, 3  Next  
Page 1 of 3


Get free auto insurance quote
State Auto Insurance Laws in USA

USA Auto Insurance laws
Ask Community Experts

flash plugin

Quick Links

Must See

Community

Hot topics in forums

Latest in blogs

AmPmInsure on Facebook



Page loaded in 0.246 seconds.