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Quick question. Mother's car was hit by an uninsured motorist. Not major damage probably 5-6k worth of damage on her infiniti g35. Took down lady's info. Email no reply, phone no reply, insurance expired. Police would not come and the lady left as soon as she gave my info even though was told her to wait for police. Guess police didn't come anyways but she isn't responding. Her insurance expired in March.

I do have her plate number, name, etc etc.

Mother does have uninsured motorist coverage but she would be responsible for the deductible.

Any recourse in getting her damages/time/deductible back in case insurance doesn't cover all. At least she would want deductible back. Guessing small claims court but not sure.

Also why would police NOT come to the scene of an accident? No one was hurt and nothing major but still...called twice.

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Agreed.

It's important to remember that the U.S. has a "legal" system, not a "justice" system. Big difference.

darrcook (Mar. 10, 2013 @ 6:46p) |

This is actually the policy of some municipalities that are on shoe string budgets. You still make a police report, but ... (more)

dienliv (Mar. 10, 2013 @ 10:40p) |

Cliff's Notes: File a police report, your Mom may be on the hook for her deductible. Call the INS co and ask them. Th... (more)

Drew510 (Mar. 11, 2013 @ 10:55a) |

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I would assume small claims.

Deductible applies to collision coverage

It should not apply to UM

sharpie130 said:   I do have her plate number, name, etc etc
If her insurance only expired 8 days ago, there might be an automatic grace period where she is still covered

No one was hurt and nothing major happened! You would want to pull the police away from an actual crime to come make a report?!?

nyseGUY said:   No one was hurt and nothing major happened! You would want to pull the police away from an actual crime to come make a report?!?

I would.....

so long as we can prove my mother was not at fault she should not have to pay any deductible?

The uninsured motorist insurance expired in December 2012
SUCKISSTAPLES said:   Deductible applies to collision coverage

It should not apply to UM

sharpie130 said:   The uninsured motorist insurance expired in December 2012
How would it expire ? Did the insurance company stop offering it ?

sharpie130 said:   so long as we can prove my mother was not at fault she should not have to pay any deductible?

The uninsured motorist insurance expired in December 2012
SUCKISSTAPLES said:   Deductible applies to collision coverage

It should not apply to UM

Right
The other party has to be at fault for um to apply
Otherwise you'll be using your collision coverage which has a deductible

well this was in a parking lot and the damage to my mother's car was between the front and back doors . Bascially teh other drive backed her car without looking right into her.

Police refused to come but from pictures it's pretty obvious that she was backing out and did not look

SUCKISSTAPLES said:   sharpie130 said:   so long as we can prove my mother was not at fault she should not have to pay any deductible?

The uninsured motorist insurance expired in December 2012
SUCKISSTAPLES said:   Deductible applies to collision coverage

It should not apply to UM

Right
The other party has to be at fault for um to apply
Otherwise you'll be using your collision coverage which has a deductible

I had a situation happen to me like this about 15 years ago. My insurance agent actually helped me out, I'm not sure how they did it. Whatever they did caused the person that hit me had his license suspended and had to pay me in order to get it reinstated. That worked like a charm, he was like 35 but his mother paid me for my damages. Good luck!

sharpie130 said:   well this was in a parking lot and the damage to my mother's car was between the front and back doors . Bascially teh other drive backed her car without looking right into her.

Police refused to come but from pictures it's pretty obvious that she was backing out and did not look


police probably didnt come because the accident was on private property and noone was hurt.

worse case scenario:
repairs covered under collision. your insurance company goes after the lady. if they collect, they refund you the deductible.

anyway for me to go after the lady so she is forced to get insurance?

She shouldn't be driving at all without insurance. Not for money but would filing a police report basically suspend her lisc until she gets insurance.

Should I even bother to file a police report? She would not provide me her lisc. number, address, and has screened every call known to man.

Yes
In CA if the damage is over $750 you must file a sr1 with the DMV
They will suspend her license if uninsured

Probably something similar in your state

sharpie130 said:   Also why would police NOT come to the scene of an accident?

No one was hurt and nothing major.

That's standard operating policy.

sharpie130 said:   anyway for me to go after the lady so she is forced to get insurance?

And why exactly do you care?

Like if she gets insurance, and then fails to pay, it will somehow make your life better?

There are bad people out there. And weak attempts vengence doesn't make them change their ways. If anything, it tends to encourage them.

edit: 10s of millions of drivers currently drive without insurance.

There could be even 10 million or more driving without even a valid license.

Taking away the license does not take drivers off of the road.

Alcibiades said:   sharpie130 said:   I do have her plate number, name, etc etc
If her insurance only expired 8 days ago, there might be an automatic grace period where she is still covered

supposedly "expired" December of last year.

Probably missed reading the UM thread we had here.

BEEFjerKAY said:   sharpie130 said:   anyway for me to go after the lady so she is forced to get insurance?

And why exactly do you care?

Like if she gets insurance, and then fails to pay, it will somehow make your life better?

There are bad people out there. And weak attempts vengence doesn't make them change their ways. If anything, it tends to encourage them.

edit: 10s of millions of drivers currently drive without insurance.

There could be even 10 million or more driving without even a valid license.

Taking away the license does not take drivers off of the road.


This is not always the case.

http://www.ehow.com/list_6664872_penalties-driving-car-insurance...

Driving without insurance is a misdemeanor in TX.

In Texas, if you are caught without insurance twice, the car is towed and impounded. If a car is impounded, it cannot be driven.... Of course, this probably wouldn't apply here as no police officer showed up and "caught" the driver without insurance. In my opinion, this should happen the first time, not the second time and not at the discretion of the officer... but my opinion is influenced by personal experience.

My first car accident was caused by a UM that was in an additional accident a few days before in a parking lot. The car was towed and impounded. My insurance (esurance) merged the two accidents (someone hit me while I was getting out of the roadway... went as my fault), and put all the damage on the second to get out of paying UM(UM payments come out of the insurer's pocket and don't affect your future insurance rate charges). You could argue that some UM drivers may just not be able to "afford" insurance, but the fact is many of them can't afford insurance Because spent all their money on alcohol and then they drive while drunk or otherwise impaired and keep getting in accidents. Getting the UM driver off the road can save the lives of the next people they may have hit.

Bend3r said:   
http://www.ehow.com/list_6664872_penalties-driving-car-insurance...

Driving without insurance is a misdemeanor in TX.

In Texas, ...


there still is an incredibly high number of unlicensed drivers.

Confiscating a clapped out camaro accomplishes nothing.

It gives me the opportunity to buy it at auction for pennies on the dollar

BEEFjerKAY said:   
there still is an incredibly high number of unlicensed drivers.

They're not all unlicensed drivers, many of those are simply "undocumented drivers". No human is Unlicensed!

The burden of going to the DMV and taking a driving test and paying a fee to obtain a license is unacceptably cumbersome!

Edit: this comment is getting off topic... But its only a response to the article BEEFjerKAY linked to that was arguing that there would be more unlicensed drivers in TX due to requiring proof of legal citizenship/residency to get a driver's license, not that there were more on the road without insurance than in other areas without towing/impounding as a consequence for not having insurance like his comment implied.

UM is for bodily injury, not property damage. Your mother's collision will cover it (less deductible) and your mother's insurance carrier will go after the other driver. They want to recover what they've spent, don't worry, they will go after the other driver. Have your mother call her insurance carrier right away.

murrr77 said:   UM is for bodily injury, not property damage. Incorrect.

edit: apologies, may vary by state as pointed out in posts below... some have separate UM coverage available for either property damage or injury. Also maybe it also varies in states that are not at fault states? but those would seem to be an obvious exception. I'm not an auto-insurance expert.

murrr77 said:   UM is for bodily injury, not property damage.

Not necessarily true

Different states have different insurance types but there is usually um available for both bodily injury and property Damage . It may be called something different in your state - but collision coverage pays to fix your car regardless of fault and is usually used to get your fixed quick and your insurer pursues the other party, or for when the damage is your fault . Um is for when its someone else's fault

UM commonly refers to uninsured motorist, UIM to under insured motorist, and UMPD uninsured motorist property damage. UMPD is state specific, for example, in Ohio you can carry collision or UMPD but not both. In Texas, you can carry both collision and UMPD, and UMPD generally carries a lower deductible, and with many carriers it is not surchargable.

UM commonly refers to uninsured motorist, UIM to under insured motorist, and UMPD uninsured motorist property damage. UMPD is state specific, for example, in Ohio you can carry collision or UMPD but not both. In Texas, you can carry both collision and UMPD, and UMPD generally carries a lower deductible, and with many carriers it is not surchargable.

sharpie130 said:   The uninsured motorist insurance expired in December 2012
Cancelled or expired ?

I think the generic answer to the op's question would be that he should file the accident with the police as a hit and run, give the other person's info to the police, and see if the person suddenly contacts you.

something like that happened to me once. shortly thereafter, I got a personal-injury lawyer, given my sudden onset of neck/low-back pain.

in the end, I got my car repaired free, my collision deductible returned, my chiropractor bills paid & and my pain/suffering remedied (with a check for a few grand).

I had UM coverage. But the lawyer said that the outcome would've been the same even if I hadn't had UM. He would've simply converted my liability coverage into UM.

SUCKISSTAPLES said:   Deductible applies to collision coverage

It should not apply to UM


Got to pay extra for that. At least for me in Calif. I was hit by an uninsured drunk driver a while back. Demolished my car, and nearly demolished me. If I didn't have the coverage (I had to remind them since they deducted $500) they would have kept the $500. The cost of the coverage is small. I think I pay $6 every six months.

Talk to your insurance agent, she will give you advice even if your insurance doesn't cover. Most likely, you have to sue the driver in small claim.

In CA...

My wife has been hit twice by uninsured motorists. Rear ended.

We do have coverage but had to pay the deductible.

The insurance company, in spite of us having all the info and how to contact the party who was at fault, would NOT go after the motorist who caused the damage.

Guess they figure a $100 or $200 wasn't worth their time and it came out of our pocket.

When you figure your own time, it's also not worth trying to collect from the uninsured person through small claims court or the like...

However it would feel good if the person were charged for what happened.

How much is YOUR time worth with all the hassle of a court case?

My wife got rear-ended by a guy. Police came, guy showed a valid insurance card. She got info and left. When our insurance company tried to contact his company, they found out the guy had actually cancelled the policy right after signing up and obtaining the card. So...

We had UM coverage, but that was only for injuries. Our regular collision coverage kicked in with $1000 deductible. I was all gung-ho to sue the guy to recover our $1000 until I started looking for him to figure out where to serve him. Turns out, he had quite the legal history already, with a few convictions for assault and drug charges, and had actually been picked up with a big pile of meth and some unlicensed firearms a couple of weeks after the accident. Now he's doing 3 years in the pen.

So, I could sue him, but garnishing his jail wages would be difficult. From what I can tell, it would ultimately be possible, but I'd only be able to get a fraction of the 24 cents an hour he earns in the clink. He wouldn't be there long enough for me to get anything. So, I could sue now before the statue of limitations runs out, then try to garnish anything now plus any future wages. But, his likelihood of future employment is not going to be very high. Any work he gets will probably be short term and transient, and I'm going to have to keep chasing over and over again to get little bits of money here and there. In the meantime, I'm going to piss off a meth-head with prior assault convictions.

So, as much as I was concerned about justice being done, and righting a wrong, and ensuring that he paid for his actions, at some point you just look at something and decide it's too hard. You have to cut your losses. And sometimes, that's okay.

sharpie130 said:   

Also why would police NOT come to the scene of an accident? No one was hurt and nothing major but still...called twice.


report to your insurance company and let them pursue it, if they want

sharpie130 said:   the lady left as soon as she gave my info even though was told her to wait for police.

If she left the scene even though she was told to wait for police, that's pretty much hit and run. If you do find her, make her your butler and have her work off your deductable.

If full coverage... let your insurance pay for it and they'll get their money back from the woman who hit you. That's what you pay the extra for.

Bend3r said:   BEEFjerKAY said:   
there still is an incredibly high number of unlicensed drivers.

They're not all unlicensed drivers, many of those are simply "undocumented drivers". No human is Unlicensed!

The burden of going to the DMV and taking a driving test and paying a fee to obtain a license is unacceptably cumbersome!

Edit: this comment is getting off topic... But its only a response to the article BEEFjerKAY linked to that was arguing that there would be more unlicensed drivers in TX due to requiring proof of legal citizenship/residency to get a driver's license, not that there were more on the road without insurance than in other areas without towing/impounding as a consequence for not having insurance like his comment implied.


I agree that no person is an "illegal" because being a person is never illegal, but their status is "undocumented." Your argument is flawed...it is absolutely possible to be an "unlicensed" driver. You either have a license that is valid where you are driving or you do not.

You do need to file a police report. The police most likely will not charge them with anything, as it happened on private property and would not be considered a hit-and-run because they gave you their information.

After you have a report number, turn it into your insurance company. Based on your coverages and state laws, you may/may not have a deductible. If you have a deductible or find that your coverage will not cover all of the damages, then you may sue the UM for damages. As discussed, you probably won't get too far in recovering any money.

Skipping 10 Messages...
Cliff's Notes: File a police report, your Mom may be on the hook for her deductible. Call the INS co and ask them. They're kinda the experts.
Anecdotal info: My car was hit twice in about an hour's time. It was in a small city so the police did come. LSS they located both drivers and neither were insured. Don't know what happened to them, but I was stuck with TWO deductibles as they were separate incidents. The Body Shop waived one of them for me. 2nd story, I was driving in an unfamiliar part of town (job interview) and unknowingly blew a red light at a major intersection (I was looking around trying to figure out where I was) and got T-Boned. His car was in the middle of the street and mine made it to the side. I pretty much had to jump in front of a cop car to get the guy to stop. He asked if anyone was hurt. We both said no (their story changed later) and the cop took off. Didn't even stay to block traffic around the other car until the tow truck arrived. And no, the cop didn't even bother to give me a ticket.



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