by corplady » Mon Mar 04, 2013 04:43 pm
I was hit from behind. The damage was minimal to my car and we provided our insurance information to the officer. I called the lady's adjuster and he told me that she had no insurance at the time of the accident. That her policy had just lapsed. I do have non insured motorist insurance but I shouldn't have to pay for something that was not my fault. Is there anything I can do?
Posted: Tue Mar 05, 2013 01:54 am Post Subject:
You can elect not to file a claim under your UM coverage, find an attorney who will either work for free or you can pay the attorney a lot of money and sue the at fault party. Once you obtain a judgment you can then attempt to collect from the at fault person. Chances are you will recovery nothing and have a lot of expense in doing so.
Or you can file a claim under your UM coverage and your carrier can attempt to collect from the at fault party. Remember... your carrier collects a premium from you for that UM coverage. In order words, they make money off that coverage.
My recommendation is that you also inform the police officer that the person had no valid insurance and ask them to amend the police report as such. This might get reported to the state (or you can report it as well). Most states will suspend the person's drivers license until they can show the debt was paid in full. But then this person is simply going to drive with no insurance and no license.
Posted: Tue Mar 05, 2013 06:02 am Post Subject:
I don't think trying to collect on your own from the lady will be of much help. If she couldn't pay the premiums, she won't be able to pay for the damages either.
Posted: Tue Mar 05, 2013 12:31 pm Post Subject:
I do have non insured motorist insurance but I shouldn't have to pay for something that was not my fault.
If you are paying for UM coverage, you ARE paying for something that covers you precisely in situations like this when you are not at fault. If you DIDN'T have UM coverage, then you would be forced to pay for something not your fault.Why are you paying for something and afraid to use it? Worried that it will increase your premium? It won't. Because you were not at fault for the accident.
You apparently do not understand this, but be thankful that you have the coverage. Now call your insurance company and file the UM claim. There is no reason to attempt to solve this on your own, and ABSOLUTELY NO REASON to involve an attorney. If your insurance company wants to go after the at-fault party, they will, and they have the attorneys and the checkbook to do so. You will not be involved and it won't cost you a penny. And in the meantime, your vehicle will be repaired at no cost to you.
My recommendation is that you also inform the police officer that the person had no valid insurance and ask them to amend the police report as such. This might get reported to the state (or you can report it as well).
Your state's motor vehicle law most likely requires that the accident be reported to the DMV. The report asks for your insurance information and the name and address of the other party, and possibly their insurance information. File that form and enclose a note that tells the DMV the other person was not insured at the time of the accident. That will get some attention. (You can talk to the police dept, too, but they may not care. I would stick to notifying the DMV since they have direct responsibility and authority.)Posted: Tue Mar 05, 2013 05:57 pm Post Subject: Uninsured Motorist
I beg to differ. I have a $100 deductible for the UM part of my policy. I AM paying for something that is not my fault. I shouldn't even have to pay the deductible. I was hit, from behind but a young woman not paying attention. She was probably texting because when I looked in my rearview mirror, right before I was hit, her head was down and she looked as if she was looking at something in her lap. Not fair at all.
Posted: Tue Mar 05, 2013 06:07 pm Post Subject:
I beg to differ. I have a $100 deductible for the UM part of my policy.
Then pay the deductible and sue the offending party for $100.I shouldn't even have to pay the deductible
Why not? Apparently you chose that level of coverage. (If you did not choose it, you still agreed to it.) Most UM has no deductible or waives the collision deductible. UM only applies when the damage to your property or person is caused by someone else. So who is supposed to pay your deductible?Not fair at all.
Life is hard . . . and then you die. It's worse when you want to be king/queen but are not on the throne.What more do you want? You have paid for insurance coverage you do not want to use. You complain about the level of coverage you selected and which you refuse to use. You have a remedy against the person who caused your damages, and you want the world to be a fair place. Go to court and seek justice.
But by your own admission,
The damage was minimal to my car
You don't want justice, you want revenge. We don't deal with that here. Hire a mercenary.Posted: Wed Mar 06, 2013 04:30 am Post Subject: You people amaze me
How critical and you don't know all the facts. I was living with my daughter and we shared the rent and utilities. We both moved into our own homes and now I have to pay for everything. They cut my hours at work and there were deposits on everything. Money is the issue. I don't have $100 for even the deductible. I don't even have a food budget because I believe in paying my bills first. Don't judge before you know all the facts.
Posted: Wed Mar 06, 2013 06:23 am Post Subject:
Don't judge before you know all the facts.
Are there any more "facts" you wish to enter into evidence at this time? You keep slipping them in one by one according to your schedule. But all of your added "facts" don't change a thing. It's always amusing how people refuse to accept the truth and want to believe that others are "judging" them.Not fair at all.
Let's go back to this. We'll set aside the collision for a moment. Your situation is one of your own making. Life is a series of choices, and every choice results in an outcome (some might say consequence). Far too many people live beyond their means, and want others to feel sorry for them because of it.So your hours were cut or your pay was cut or the price of gasoline has gone up $0.60 in the past four weeks. If you need more money, you do something to make more money. You get a second job, you recycle plastic bottles and aluminum cans, you toss pizzas at Domino's or Papa John's, you flip burgers at McDonalds, you serve beer and cocktails at the bowling alley. Or you wallow in your "life is not fair" scenario and hope everyone else takes pity on you and your "situation".
We don't hold pity parties here. People ask questions, we provide answers. When people don't like the answers, they desperately want to believe it's not "their fault" -- that everyone else is to blame.
You asked your question and received several answers, each of which was consistent. And each time, you added tidbits of information as if that made things different. It doesn't.
You don't have to pay the $100 deductible to anyone. You simply negotiate the repair for whatever the insurance company will pay. Or you make a demand of the at fault party to give you the $100 -- and if that person refuses to pay, you sue her in Small Claims Court, where you will win and have the ability to collect the $100 in a variety of ways. Or you let one of your bills go unpaid so you have the $100 to cover the deductible. Or you take the insurance company money and put it in the bank until you can save the other $100 and then have the "minimal" damage repaired. Or you do like hundreds of thousands of other people and you drive around town in your minimally damaged auto.
It has nothing to do with fairness at all. You have choices. So make one, and stop trying to enlist others into feeling sorry for you because of your past choices.
Posted: Wed Mar 06, 2013 07:16 am Post Subject: You people still amaze me
I didn't give all my personal details, initially, because I wasn't trying to solicit pity. I just needed options. Regardless to anyone's opinions, including yours Mr. Moderator, I was on this site for possible options that I wasn't aware of. You gave me some options and for that, I'm grateful. I'm not an expert on auto insurance.
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