Wrecked by uninsured driver

[1911ly]

I went threw this in January. Hit and run. I chased the gal down to get her plate number. No insurance and a suspended license. I had uninsured motorist. So I had no deductible. She claimed she ran beacuse I was threating her. All I said was go back to your car. We will talk about this with a police officer. My Insurance is sueing her. I doubt they will see a penny. Oh and she did not even get a ticket for DWS. She's a real clever dead beat.

Protect your self. Carry uninsured motorist. I think there are more uninsured then insured motorist.

 

[Leo]

I though uninsured does not have a deductible???

Deductable is when you do the damage to your own car??? I guess different insurance companies....

BTW I make sure I have uninsured and underinsured. Cost is almost nothing. Sounds like you did good with having uninsured vehicle coverage.

That is the impression I have from my insurance agent. If they guy had insurance, they would be picking up your compensation and you would not owe a deductable. Why would a policy that you basically are forced to buy for the othr guy be any different. The fact that citations were issued proved the other guy at fault.

 

[Brandon]

Both times I was hit by an uninsured/non licensed driver, it was 0 out of pocket for me.

411.com may be helpful, facebook, linkedin... it's amazing what is out there on people.

 

[ws98ta]

My truck was in a hit and run. After I found the other driver, and found out they had no licsenes or insurance, it was covered under uninsured motorist.
Great thing is I drive by motorist that hit my truck everyday, still driving same car and can only assume still not insured. Glad to see the system working.

 

[AA&E]

The $1000 you can file in small claims perhaps? That will only cost you $75 and hold him responsible (credit history) for at least 7 years. The remaining balance that your insurance pays, they will definitely go after him and ruin his credit for the next several years as well.

 

[HoughMade]

If you have UM, make that claim.

Small claims? It's an option, but it's not like if you win a judgment there's some magic wand that gets waved and they pay the money. What a judgment allows you to do is garnish wages or seize other assets and even to get someone's license suspended....want to bet as to why his license was suspended? Are there any assets? Doubt it.

Honestly if it were me *this is not legal advice* I'm just saying what I would do- I'd sue him for the accident and the wife for negligent entrustment. He may not have insurance, but she may have. An insurance company will not provide coverege to someone who is not on the policy, who is in the same "household" that "borrows" the car. If she has insurance that would apply to her when she was driving, it would apply to her negligent entrustment. All I would have to prove as to her is that they knew or should have known that he was not legal to drive and that he had express or implied permission from her to use the car.

...but if she has no insurance and no assets, I wouldn't waste my time on small claims at all.

 

[RandyMarlar]

Called my agent to verify my coverage. He said his latest data indicates over 20% of accidents in Indiana involve one motorist that does not have insurance. I didn't ask but assume he has some report from State Farm. He said he gets a call every day from someone wanting insurance just long enough to get plates.

 

[yote hunter]

This happened to me years back, had a woman hit me in indy and she had no ins. and my ins. fix my truck at NO cost or out of pocket to me what so ever.. They went after her to pay... So best of luck to ya.. Sorry about your truck.. You had full coverage on it Im sure ? I would argue with your ins. about the deductible if I was you.. My argument would be if the guy wasn't driving because he didn't have a lic. or Ins. it would of never happened to begin with, plain and simple...

 

[Who Dares Wins]

I got rear-ended by a guy in a truck from Oklahoma who admitted he was looking down and lighting a cigarette when he saw cars moving to the side and hit the gas. It was only the left turn lane that was moving, so "Ouch" for me! He had out-of-date plates and gave last year's insurance to the police claiming it was current. They towed his truck as his plates were expired and the address he gave was the Motel 6 across the road as he was working temp in Indiana. It turned out he was not insured and he skipped town rather than get his old truck back. State Farm covered everything with no deductible, as I had "Uninsured Motorist" coverage. State Farm told me they would pursue the driver in court if they could find him to recoup the $16K damages!

Keep your insurance up to date and definitely have "Uninsured Motorist" coverage. It is worth it!

 

[Who Dares Wins]

Can you call other agents for your insurance company and ask if you should be paying the deductible if you have the uninsured motorist coverage. Check their website for details also.

 

[jfw46544]

Thank you Everyone. Just found out the estimate this evening. 16k. Will be calling the insurance company tomorrow about the deductible and the diminished value on the truck.

I do do like the idea about going after the wife that owns the car. Strange thing is, she has a Valpo address and his South Bend. Still may be able to do something with that. But if she gave him permission to use the car, she is negligent also.

 

[Libertarian01]

jfw46544,

Sorry about the accident. I am glad everyone walked away. Many a year ago I sold insurance as an independent agent.

In Indiana the insurance follows the vehicle - period! There may be a communication error where he says, "I don't have insurance" but that doesn't mean squat IF the wife owned the car. If she had insurance it WILL cover the loss UNLESS the vehicle was reported stolen. You have no idea how many calls my father got over the years as an insurance agent where a client didn't want their insurance to pay because "The kid took it without permission." My father would always ask, "Are you willing to file a theft claim with the police AND prosecute the kid?" Naturally the answer was always "No" and so the insurance paid.

In Indiana there is NO deductible for uninsured motorist coverage. However, there can be a problem proving the guy that hit you was uninsured. This mostly occurs in a hit and run.

Were I in your shoes I would get a copy of the accident report (I always do this) and from that find out everything about the vehicle. To get plates an insurance company and policy number must have been given. So try to find out the name of the insurance company from DMV and off you go! Once you have a name you can call the company itself and try to file a claim. I had to do this in my last accident. If they have her as a client then file a claim. If its Allstate get your attorney ready to sue the turds. I hate Allstate. Otherwise, if there is truly no insurance then get your company to pay under UMPD, which has no deductible.

You would be surprised how many people who have insurance resist filing because they don't want their rates to go up! Of course, the dumba** may have lied to the wifey to not get in trouble, so go gentle on her in the beginning. You may find her very cooperative once she knows the truth. Or she could be a DA as well...?

Good luck with your claim!

Regards,

Doug

 

[HoughMade]

Insurance policies generally exclude coverage for a driving living in the same household who is not listed on the policy.

This is to keep high risk drivers from being de facto​ insured because they borrowed their wife's or a parent's car. Want insurance for a family member? You have to pay for it.

 

[Libertarian01]

Insurance policies generally exclude coverage for a driving living in the same household who is not listed on the policy.

This is to keep high risk drivers from being de facto​ insured because they borrowed their wife's or a parent's car. Want insurance for a family member? You have to pay for it.

I had forgotten about that but you are correct. In the olde days a parent could get by with letting a child "slide" without putting them on the policy right away and the companies would still honor a claim. Not any more.

Of course, IF he just moved in within the last couple of weeks or isn't living there...

Also, the insurance won't cover a person if they are regularly using the vehicle but not on the policy even if they don't live there. For example, a buddies car is in the shop and borrows your car every day for three (3) days. I'll bet the company would honor a claim. However, if he borrows it for a week, or a month...? I'll let the lawyers guess at where the line is generally drawn, unless we have precedent?

Doug

 

[ghuns]

Insurance rant on...

I was recently hit by an insured driver. When I called my State Farm agent to notify them I had been in an accident, he immediately transferred me to the big State Farm claims dept. They said pay my deductible, take the car to Body Shop A, a local dealership that I dislike, get it fixed, and they would pursue reimbursement from his insurance. I said it's his fault, I'm not paying she-it. They said it could take them a couple weeks to determine fault. I said no, I have a police report that has already determined fault. They said, we will review it and give your deductible back if you are cleared of any fault.

The other driver's insurance contacted me, provided me with a rental car for a week, and cut me a check for the amount of Body Shop A's quote, which was absurdly high.

To top it off, my State Farm agent did not send in the SR22 form to the BMV and I got a letter saying my license was suspended. It was reinstated in less than 24 hours, but I was not a happy camper. So, I'm insurance shopping.

 

[churchmouse]

Insurance rant on...

I was recently hit by an insured driver. When I called my State Farm agent to notify them I had been in an accident, he immediately transferred me to the big State Farm claims dept. They said pay my deductible, take the car to Body Shop A, a local dealership that I dislike, get it fixed, and they would pursue reimbursement from his insurance. I said it's his fault, I'm not paying she-it. They said it could take them a couple weeks to determine fault. I said no, I have a police report that has already determined fault. They said, we will review it and give your deductible back if you are cleared of any fault.

The other driver's insurance contacted me, provided me with a rental car for a week, and cut me a check for the amount of Body Shop A's quote, which was absurdly high.

To top it off, my State Farm agent did not send in the SR22 form to the BMV and I got a letter saying my license was suspended. It was reinstated in less than 24 hours, but I was not a happy camper. So, I'm insurance shopping.

State Farm sucks butt............seriously.

AAA all the way. Cars/houses etc.

 

[Tactically Fat]

Add me to the rolls of those who have been hit by an uninsured illegal immigrant. Totaled out my poor Alero.

 

[1775usmarine]

truck lives matter ..............too soon?

 

[JettaKnight]

truck lives matter ..............too soon?

Nope.


This thread reminds me to call my agent to up my insurance.

 

[bwframe]

...This thread reminds me to call my agent to up my insurance.

I've got an e-mail in to confirm how my State Farm uninsured driver coverage works. Anyone else have poor experiences with State Farm?