Just crashed with an uninsured motorist...what to do now?

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PostPosted: Wed Dec 28, 2011 10:32 am   Post subject:   

You last couple of folks are responding to a post more than two years old.



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PostPosted: Mon Feb 06, 2012 3:31 am   Post subject: car wreck  

I was rearended by a driver who did not have a DL and he had warrents out for his arrest. Cops arrested him on scene. He had no car insurance. But he was driving someone else's car. The owner of the car had full coverage insurance. Can I sue both parties? I have had several medical bills because of this wreck.


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sherri crowley
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PostPosted: Mon Feb 06, 2012 4:07 am   Post subject:   

You can sue anyone you can think of. The problem is that the vehicle owner's insurance company will probably deny coverage for an unlicensed driver, which leaves the vehicle owner personally responsible for your damages. You'll likely win your suit, and then you'll have to figure out how to collect.



If you have uninsured motorist coverage, you're, initially at least, better off pursuing a claim through your own coverage until you exhaust that benefit. If you have remaining expense after that, you can go after the at fault party . . . except that your recovery must first be used to repay your own insurance company for all that it paid on your behalf. You're caught in a classic "Catch-22" situation.



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CA-licensed Life & Disability Analyst. CA Insurance Lic #0596197. Also investigating insurance company abuses, and providing litigation support/expert witness services. Send me your questions, and I'll send you my answers.
MaxHerr
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MaxHerr
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PostPosted: Mon Feb 06, 2012 12:13 pm   Post subject:   

This is a bad situation. Did the owner of the other car file a police report stating that his vehicle had been 'stolen'? It actually might be the case. If so, his insurance company might pay the claim, no?

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PostPosted: Thu Mar 01, 2012 9:58 pm   Post subject:   

I was involved in an accident which exceeds my policy limit for propery damage. Can he sue me for the difference? I live in pennsylvania and have infinity insurance.


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