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Hit uninsured motorist..what now??

Posted: Sun Jan 04, 2009 5:30 pm
by JustJordan
Morning after :(

Image

Ok so heres the story..
So Im turning right out of a small stripmall parking lot on to a small road that goes through a bigger parking lot (lol) and Im inching forward to see if its safe to go. From the left I see this van coming and at first it looked like I should have had plenty of time to go but in a split second I realized he was coming wayyy too fast (probably 35 in a 10) so I stopped still in a safe spot, not intruding his lane at all. As he flys past us he gives me the WTF angry face and flips the bird at us. So after that I was a little irritated and pulled out kinda quick but not blazing as its still considered a parking lot and my clutch is on its way out anywho. So now Im behind the guy and I see there is no one in front of him up to the next stop sign so I should have plenty of time to change songs. So I glance at my radio long enough to skip 3 tracks on a cd and when I look up the guy is stopped for no apparent reason and BAM! The accident was roughly 100ft or less from where I took off and I was still in 1st gear.

First thing on my mind: is everyone ok? Everyone seems to be ok in my car and Im trying to get out to check the other car but my door is not opening. I soon realized the driver of the van is not hurt at all, as hes running at my car screaming that hes going to "f-ing kill me" and yada yada Im not worried as I have my 12 gauge in the trunk from a recent shooting trip lol. Anyways he says "well good luck asshole youre on youre own now cause its not even my van" and drives off.

So some friendly witnesses chase him and come back with his plates and wait with me for the cops to arrive. The cops hunt the kid down first and arrive an hour after the incident and get my story and witnesses etc etc. The kid has no insurance. The cop gives me a case # and prettymuch leaves without filling me in on a whole lot. So I call a tow truck and wait another hour in below freezing weather to have my baby towed home and here she sits.

Ok, so now I got this car I still owe on and I only have liability insurance. My question is what kind, if any, action or recourse do I take to get my car repaired or get a replacement vehicle?? Im pretty sure the van was the kids parents car, so should their insurance pay for my car? Im not really sure about how this works..and also I guess the accident occurred on private property if that makes any difference..some people have been telling me insurance wont pay if its on private property but idk.

What would you do??

Posted: Sun Jan 04, 2009 6:01 pm
by Mat00ES
Im pretty sure in MA its state law that if you rear end someone is automacticly your fault. Im not sure if it is in WA, your best action would be to call lawyer and see what they say, you'll have to sue the guy personally, when normally you'd sue the insurance co.

Posted: Sun Jan 04, 2009 6:02 pm
by ZeroChad
Wow, the guy in the van sounds like a total douche. To start with though, I would call your insurance company and have them fill in your options, since the PO didn't.

I think you should really press charges against the guy in the van for leaving the scene of an accident. Someone has to have a "neck injury".



Dude, looking at your core support makes me cringe.

Posted: Sun Jan 04, 2009 6:02 pm
by TheRandom1
First of all, you need to upgrade your insurance to full coverage. I do'nt know about where you live, but here in IL, it's a requirement that if you are paying off a car, you are required to have full coverage. Strike one against you.

In America, you are required to have SOME sort of insurance, so you have legal recourse against the kid and/or his parents since he didn't have insurance. Talk to a lawyer. Strike one against him.

You definitely did the right thing by waiting for the cops and getting the dudes license number (or the friendly's did either way) so you can't get in trouble for that...

I'd say talk to the cops tomorrow, get a copy of the forms they filled out (insurance companies will need it either way if you can go that route, and it doesn't hurt to see a copy if you talk to a lawyer) and then go talk to a lawyer, see what options you have.

Under no circumstances would I begin repairing the car or anything at all with it until you talk to the lawyer. He/she will advise you on exactly what you need to do to make sure you will be covered as best as possible.

Sorry for the novel, glad you're OK.

Posted: Sun Jan 04, 2009 6:18 pm
by randomZERO
It will probably be on you because you failed to control your vehicle while fidling with your radio which sucks because the other guy is an asshole. Get a good lawyer and go after the guy for for fleeing and get him thrown in jail and maybe get some kind of trauma pay or something. And scrap that chasis and pull what you can and find another clean chasis because you will never get that thing straight

Posted: Sun Jan 04, 2009 6:27 pm
by JustJordan
TheRandom1 wrote:First of all, you need to upgrade your insurance to full coverage. I do'nt know about where you live, but here in IL, it's a requirement that if you are paying off a car, you are required to have full coverage. Strike one against you.

In America, you are required to have SOME sort of insurance, so you have legal recourse against the kid and/or his parents since he didn't have insurance. Talk to a lawyer. Strike one against him.

You definitely did the right thing by waiting for the cops and getting the dudes license number (or the friendly's did either way) so you can't get in trouble for that...

I'd say talk to the cops tomorrow, get a copy of the forms they filled out (insurance companies will need it either way if you can go that route, and it doesn't hurt to see a copy if you talk to a lawyer) and then go talk to a lawyer, see what options you have.

Under no circumstances would I begin repairing the car or anything at all with it until you talk to the lawyer. He/she will advise you on exactly what you need to do to make sure you will be covered as best as possible.

Sorry for the novel, glad you're OK.
Yea I know I wish I could afford full coverage but Im paying $200 a month as is for just liability. Liability is the min req for me because the loan I used to buy the car was just a personal cash loan.

***Oh I forgot to add that the cop told me he had dealt with the kid numerous times and this is his 2nd or 3rd hit and run..in which case Im wondering why he is still on the road. He also said that he gave the ticket to the kid and NOT me because the accident was caused due to the other drivers over-aggressive manner of driving, even with my little fumble with the radio. The kid even told the officer he stopped the van to get out and "deal" with me. LMAO! The cop was really nice but didnt really tell me where to go from this point and I was so shook up over the thing to ask any smart questions. ugh.

Thanks I guess I'll contact the police tomorrow and then see what my options are with a lawyer. This sucks.

Posted: Sun Jan 04, 2009 6:30 pm
by TheRandom1
Ah... well then your strike gets removed and just added as a stupidity point. (no offense, but you left yourself wide open to get screwed over by not having full insurance... )

Posted: Sun Jan 04, 2009 6:34 pm
by JustJordan
TheRandom1 wrote:Ah... well then your strike gets removed and just added as a stupidity point. (no offense, but you left yourself wide open to get screwed over by not having full insurance... )
I know :( if I could afford it I really would have. My dad pays like $60/month for full coverage and I pay $200/month for liability even with a spotless driving record..well until now lol

Posted: Sun Jan 04, 2009 6:35 pm
by TheRandom1
Why do you pay so much? I pay 135 a month for full coverage without any multicar discounts or anything...

Posted: Sun Jan 04, 2009 6:39 pm
by JustJordan
I dont know and I shopped and shopped and this is the cheapest I could find. I guess its cause Im young and single. I have ZERO tickets and ZERO accidents until this. In HS I was paying $160 because I got good grades..

Posted: Sun Jan 04, 2009 6:42 pm
by TheRandom1
Wow, you are getting majorly ass raped then. Do you live at home with your parents? Any chance of getting on with them on their policy to save you some cash? (not that it helps you right now, but for the future...)

Posted: Sun Jan 04, 2009 6:47 pm
by JustJordan
Im moving back to my parents because Im seriously hurting financially. My credit card info was stolen earlier this week and the cards maxed out so Im trying to get that straightened out. Works been super slow through December completely draining any savings I had, although its starting to pick back up now. Im thinking about getting a part-time night shift somewhere just to earn some extra cash.

Posted: Sun Jan 04, 2009 6:56 pm
by TheRandom1
Shitty... well good luck with everything!

Posted: Sun Jan 04, 2009 8:50 pm
by occasional demons
Since you didn't get cited, you still have a clean driving record. I would contact your insurance last, lawyer first. If your insurance knows about it, even though they don't have to pay, they may still raise your rates. Just shopping for insurance earlier this year, my being in an accident and having a claim, (tho the other person was cited) was a factor in my rates. Utter bullshit, but that's how they roll.

Posted: Sun Jan 04, 2009 9:21 pm
by thttxboy
TheRandom1 wrote:Why do you pay so much? I pay 135 a month for full coverage without any multicar discounts or anything...
most llikely because of his age. Your 27 and hes 20, insurance companies dont have any sympathy for any guy under 25. I was paying 423 for full coverage when I was 19 and I was switching companies every 6 months to try to get a lower rate.


Anywayz back to the main topic. Honestly I believe your completely at fault in this. Regardless of what the other driver was doing you are responsible for you, your passengers and your car. If the guy went speeding past you that should have been the end of it but the fact the you distracted yourself and hit him is your fault. I think u might have to suck it up and get an estimate for your repairs and see if maybe you can work something out with ur insurance company since he did leave the scene. Or if you dont want ur rate to go up then just pay for the repairs out of pocket but its up to u.

Posted: Sun Jan 04, 2009 9:25 pm
by TheRandom1
I was paying 40 bucks a month until I got full coverage (around age 23) and even then it was only 150 a month for full coverage!

Posted: Sun Jan 04, 2009 10:01 pm
by thttxboy
TheRandom1 wrote:I was paying 40 bucks a month until I got full coverage (around age 23) and even then it was only 150 a month for full coverage!
Damn I wish I had that I couldve spent alot more on my car lol

Posted: Sun Jan 04, 2009 10:11 pm
by racer12306
Since it was cited as being the other drivers fault, then worst case is you file an uninsured motorist hit and run, since that is what it was, and get it paid for that way.

I did this two years or so ago when my car was in a hit and run. Only cost me the $500 deductible and my rates went up $10/year at most.

Posted: Sun Jan 04, 2009 11:20 pm
by JustJordan
racer12306 wrote:Since it was cited as being the other drivers fault, then worst case is you file an uninsured motorist hit and run, since that is what it was, and get it paid for that way.

I did this two years or so ago when my car was in a hit and run. Only cost me the $500 deductible and my rates went up $10/year at most.
how eggzackery do I do that? through my own insurance? even if its just liability?

Re: Hit uninsured motorist..what now??

Posted: Mon Jan 05, 2009 12:16 am
by Sykora
JustJordan wrote:Morning after :(

Image

Ok so heres the story..
So Im turning right out of a small stripmall parking lot on to a small road that goes through a bigger parking lot (lol) and Im inching forward to see if its safe to go. From the left I see this van coming and at first it looked like I should have had plenty of time to go but in a split second I realized he was coming wayyy too fast (probably 35 in a 10) so I stopped still in a safe spot, not intruding his lane at all. As he flys past us he gives me the WTF angry face and flips the bird at us. So after that I was a little irritated and pulled out kinda quick but not blazing as its still considered a parking lot and my clutch is on its way out anywho. So now Im behind the guy and I see there is no one in front of him up to the next stop sign so I should have plenty of time to change songs. So I glance at my radio long enough to skip 3 tracks on a cd and when I look up the guy is stopped for no apparent reason and BAM! The accident was roughly 100ft or less from where I took off and I was still in 1st gear.

First thing on my mind: is everyone ok? Everyone seems to be ok in my car and Im trying to get out to check the other car but my door is not opening. I soon realized the driver of the van is not hurt at all, as hes running at my car screaming that hes going to "f-ing kill me" and yada yada Im not worried as I have my 12 gauge in the trunk from a recent shooting trip lol. Anyways he says "well good luck asshole youre on youre own now cause its not even my van" and drives off.

So some friendly witnesses chase him and come back with his plates and wait with me for the cops to arrive. The cops hunt the kid down first and arrive an hour after the incident and get my story and witnesses etc etc. The kid has no insurance. The cop gives me a case # and prettymuch leaves without filling me in on a whole lot. So I call a tow truck and wait another hour in below freezing weather to have my baby towed home and here she sits.

Ok, so now I got this car I still owe on and I only have liability insurance. My question is what kind, if any, action or recourse do I take to get my car repaired or get a replacement vehicle?? Im pretty sure the van was the kids parents car, so should their insurance pay for my car? Im not really sure about how this works..and also I guess the accident occurred on private property if that makes any difference..some people have been telling me insurance wont pay if its on private property but idk.

What would you do??
i LOVE the part about the people chasing him down! Good ol' Americans. I love that about us- always want to be heros ;) When I was a teen and worked at a grocery stored I chase these thiefs down out of the store and as they drove off some wittnesses sped on after them (some lady in a van) and got their License plate number and got 'em arrested :) Good American Justice :) hehe jk.

But anyways... I know that rear-ending someone is normally your fault automatically, but the fact that he didn't have insurance and that he fled the scene probably will help you in court or whatever :) idk. just tell the kid he better pay for it or you'll press charges for fleeing an accident or something. Scare him a bit ;)

Posted: Mon Jan 05, 2009 12:23 am
by occasional demons
Sometimes even with just liability there is uninsured motorist coverage. Usually the most it will pay is $7500, but in most cases with neons that is more than they are worth. You should have a Declarations Page somewhere. They send it out with your bill at least once /year. You may also obtain it online, if your insurance offers that service. The "DP" will list all the coverages you have.

Since he has no insurance, you shouldn't have to worry about "your percentage of fault" which if he did have insurance they would screw you royally. Say if you were determined to be 80% at fault, then they would deduct 80% from what you would normally get. It doesn't matter who was cited. This is mainly between yours and their insurance companies.

Re: Hit uninsured motorist..what now??

Posted: Mon Jan 05, 2009 12:23 am
by JustJordan
Sykora wrote:
i LOVE the part about the people chasing him down! Good ol' Americans. I love that about us- always want to be heros ;) When I was a teen and worked at a grocery stored I chase these thiefs down out of the store and as they drove off some wittnesses sped on after them (some lady in a van) and got their License plate number and got 'em arrested :) Good American Justice :) hehe jk.

But anyways... I know that rear-ending someone is normally your fault automatically, but the fact that he didn't have insurance and that he fled the scene probably will help you in court or whatever :) idk. just tell the kid he better pay for it or you'll press charges for fleeing an accident or something. Scare him a bit ;)

haha good post.

yea really it WAS 1/2 my fault, I should have been watching the road better. But he stopped to get out and fight me lol so maybe its a good thing I hit him with my car instead of hurting him lol idk

Posted: Mon Jan 05, 2009 12:26 am
by SOKADAO954
here in fl when u hot someone in the back u are at falt no matter what!!

Posted: Mon Jan 05, 2009 12:31 am
by occasional demons
If this was Ohio, he would have been cited with "Road Rage."

Meh, maybe they'll turn Homeland Security loose on his ass. Seems to me, if he is a chronic hit and run offender, it should be cosidered terrorism. Why should ppl in the area have to be on the lookout for this asswipe? I would be afraid to take my chidlren anywhere. Or let my grandma out in her "old lady car" !

Posted: Mon Jan 05, 2009 12:43 am
by Sykora
SOKADAO954 wrote:here in fl when u hot someone in the back u are at falt no matter what!!
dude- who's at fault for not teaching you to spell? :beatstick:

Posted: Mon Jan 05, 2009 6:56 am
by racer12306
JustJordan wrote:
racer12306 wrote:Since it was cited as being the other drivers fault, then worst case is you file an uninsured motorist hit and run, since that is what it was, and get it paid for that way.

I did this two years or so ago when my car was in a hit and run. Only cost me the $500 deductible and my rates went up $10/year at most.
how eggzackery do I do that? through my own insurance? even if its just liability?
I only have liability on my car too. It goes through your insurance. Pretty simple really.

Posted: Mon Jan 05, 2009 7:27 am
by Passt
The fact that they left the scene, and the officer wrote them the ticket, not you, is enough information for the insurance company to know it wasn't your fault. You'll be ok, just stay on top of it. Talk to your insurance company and share the case #, etc. Let them know you didn't get the ticket, the other driver did.

Posted: Mon Jan 05, 2009 7:50 am
by Neon4Life
umm so is it just me or i thought u werent allowed to drive without insurance infact here in indiana u cant get a drivers license unless u already have insurance before u even go to the branch to take ur drivers test.

Posted: Mon Jan 05, 2009 8:21 am
by v95
Idk about you But Jersey You get arrested and license suspended for no insurance and then fleeing the accident put you at fault.

but good old Jersey is good for one thing you can always sue them no matter what.

Posted: Mon Jan 05, 2009 8:22 am
by Passt
fresh04neon wrote:umm so is it just me or i thought u werent allowed to drive without insurance infact here in indiana u cant get a drivers license unless u already have insurance before u even go to the branch to take ur drivers test.
You're correct. But people have insurance, get their license, then drop insurance.