Car accident/not at fault - driver has no insurance

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PostPosted: Wed Mar 17, 2010 12:13 am   Post subject: Car accident/not at fault - driver has no insurance  

I was just in a car accident on 2/27/10. It was between three vehicles - the one who caused the accident, the person behind me who hit me, and me. My car sustained little damage but it did require repair. The total repair was $460 plus I had to rent a car and that was $146. My daughter was hurt (only minor) - contusions to her right arm and lower right back. I have attempted to work this out with the lady who hit me, but she feels that she shouldn't pay for the rental car at all and only owes $415 of the damage. I didn't even present my daughter's medical bills because I don't have them yet and my insure will cover those if necessary.

I told her that I would not accept just the $415. Should I take this and be done with it or should I go ahead and take her to small claims court or should I get an attorney. It seems like such a little amount of money to get an attorney over and there wasn't any real damage to my daughter, just sore for about a week and she couldn't go to volleyball practice.

I lost my temper with the lady, which I obviously shouldn't have done. My husband says to take the money as that is probably all we will see from her since she is a deadbeat that doesn't pay her bills. And yes that is why she didn't have insurance - NSF check. So what do I do?????

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PostPosted: Wed Mar 17, 2010 1:02 am   Post subject:   

First, I'm guessing that you did not file a police report? If not, you understand you first and _biggest_ mistake. Your situation is only a small part of the problem. The bigger part is that you allowed an uninsured person to go on being uninsured. So the next time she hits someone she still won't have insurance. Why should she get it... people such as yourself are just going to allow her to not be responsible for her own actions. What if the next person she hits is severely injured? If a police report was filed the state probably would suspend her drivers license until she got insurance and also until she obtained a release from you showing that she paid for your entire loss.

It's almost a certainty that you won't be able to find an attorney to represent you as there is no money it in for them... only a judgment at best (something they don't mention in those commercials).

Here is what I'd do at this point... tell the person you need a cashiers check for the full amount of your loss w/in 14 days otherwise you are going to file a delayed police report. You are going to tell the officer that you thought the other person had insurance but then it turned out that they did not. Let this person know that it's your understanding that she will be issued a citation in the mail, requiring her to show proof of insurance. Now, I have _no_ idea if the police will even take a report at this time and they probably won't do anything about her not having insurance (they might) but that is what I'd tell her. You may want to call the PD and ask if they will issue a citation or do anything as it turns out that she does not have valid insurance. If they will, great! I'd go that route. The alternative is to take the the other person's money as I agree with your husband... you probably won't see any more from her. I'd be willing to bet that you might not even see the $415 at this point (why the odd amount?). You could also take the money and _then_ file the police report to see if they will do anything. If nothing else at least you'd be helping the next person that this lady hits.

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PostPosted: Wed Mar 17, 2010 1:07 am   Post subject:   

First of all, I did file a police report. I refused to move my car until one was filed. Secondly I have also filed with the state of Missouri for her license and license plates to be suspended and they will require her to keep an SR22 for 3 years. I have already notified the officer responding that she did not have insurance at the time of the accident. Trust me I am not someone who lets someone go without having insurance. By God if I am required to carry then she should too!!!!!!!!!!!! You asked - Why should she get it... people such as yourself are just going to allow her to not be responsible for her own actions. Well I am attempting to make her responsible. The odd amount is what she feels she should pay from the repairs. Not sure why, but it is what it is. I will just take her to small claims court. Thanks for attempting to give some advice.

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PostPosted: Tue Nov 09, 2010 1:38 pm   Post subject: accident  

i was reading your situation and wanted to know if you did take that persong to small claims court? If so, what was the outcome? i also go in a car accident where the person ran a stop sign and did not have insurance and now i am going to have to pay for repairs, tow bill, rental car, body shop fees. all the fees are probably going to add up to over $5000 and that not including any medical bills. I live in texas so i dont know what is going to happen to the person that was at fault. all i know is tha she got a ticket for not having insurance.

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