Fun with uninsured motorists

[v8envy]

So my wife was rear ended pretty hard by a guy arrested on the spot for driving under the influence. And by hard I mean highway off-ramp, the guy didn't even try to slow down from ~45.

Joy of joys, turns out he also didn't have insurance. I wouldn't be surprised if his BMW is severely upside down on loan front.

Have any of you had to deal with a situation like this? What did you do? What pitfalls should I be watching out for?

We have uninsured motorist insurance, of course. But suing our own insurance company (that we've had for decades) just seems like it'll be bad. In addition all sorts of deductables apply, no rental car coverage, etc etc.

 

[ichy]

I don't think you have to sue your company, just put in an uninsured motorist claim. You could probably sue the guy who rear-ended your wife, but it'll probably be pretty tough to collect from him.

 

[Saga]

Uhh.. you don't sue your own insurance company. The entire point of uninsured motorist is for your insurance provider to cover damages to your vehicle in the case of someone hitting you who is not insured and thus cannot pay.

If anything, your insurance company will likely sue the other guy. It has nothing to do with you at all. File a claim, have it inspected, get your check, repair your shit minus deductible, have a good 4th of July.

If I really wanted to advocate some insurance fraud.. which, lets just say I'm not.. but if I were, certain parts of your car that are easily unbolted might find their way in a tool shed until after the inspection to increase the amount of the check they write you, obviously - simply to cover the deductible and thus make the entire thing cost-free since insurance company's are all blood-sucking thieving fuckwads anyway. Obviously this is not wise or suggested. (P.S. This won't work if they are paying the repair shop directly)

 

[LTC8K6]

Yes, you are covered for this accident. Let your insurance company handle it. You should not need to do much at all except call them and file the claim.

 

[alkemyst]

Wait, are you looking to sue like for millions of dollars or just looking to get your car fixed?

If the former, then you can sue your own company for damages, but more than likely they'd just elect to pay out your full uninsured limits and fulfill their obligation.

 

[v8envy]

We're scrambling quite a bit because my wife was in the hospital all day, most of that strapped to a board. She can't do anything for a few days, and both of us missing a lot of work.

That's not covered by the uninsured motorist insurance. Neither is rental car once she can move around so she can get to work, or deductable or a billion other things. In fact, I'm not sure what the uninsired insurance is for -- as far as I can tell it's just my comprehensive collision being invoked.

Not treating this as winning the lottery -- we're going to take a few thousands of dollars worth of hit over this. If possible I'd like to... not have to do that.

Anyhoo, talked to a lawyer and it looks like suing our insurance co is what's required, and also suing the other guy for restitution. Looks like our insurance co can also go after him for restitution afterward.

Suckage galore for all involved. But hopefully he'll learn a lesson from all this and start spreading the word that driving around while high and uninsured is not the best possible thing in the world.

 

[exdeath]

Make him pay. Whether he can afford it or not, sue him. And also 45 mph rear end collision, accept no less than a completely new identical make/model/year car or equal value in cash. That car will never be the same again.

BMW + drinking + no insurance, this guy is the poster child for what is wrong with America. Stick it in and break it off and bury him in his own hole.

 

[kalrith]

Yes, you are covered for this accident. Let your insurance company handle it. You should not need to do much at all except call them and file the claim.

This. Your insurance company will cover you, and then they'll possibly sue the other motorist.

The main difference (for you) between your insurance company covering it rather than the other motorist's insurance company is that you'll probably have to pay your deductible.

 

[v8envy]

This. Your insurance company will cover you, and then they'll possibly sue the other motorist.

The main difference (for you) between your insurance company covering it rather than the other motorist's insurance company is that you'll probably have to pay your deductible.

Problem is, insurance co is not covering us, other than repairs to our car with remanufactured parts. I'm guestimating 3-4k out of my pocket for medical and car rental not even counting the loss of value on the 08 jeep being in a serious wreck.

At first I was feeling like I'm too petty and vengeful in wanting the guy who *CHOSE* to drive high and uninsured hurting at least as much as my wife. Well, he probably is, seeing as he went to jail a bit battered and bloody. Oh, and the 68 year old woman in front of my wife with a 2 year old grandson in her back seat also went to the hospital -- the jeep passed on quite a bit of the impact to the car in front.

Now I'm feeling extremely angry and vengeful.

The lawyer I talked to earlier will do this on contingency on the off chance that the guy might win the lottery, inherit, etc. And we can both write bad debt off on our taxes in case he's got 0 in assets and chooses to spend the rest of his life (he's early to mid 20s) on welfare.

Even if I don't see a single penny I'll feel better knowing the irresponsible bastard will have a hard time ever getting a car loan to get on the road again after he gets out of jail.

 

[SViper]

Problem is, insurance co is not covering us, other than repairs to our car with remanufactured parts. I'm guestimating 3-4k out of my pocket for medical and car rental not even counting the loss of value on the 08 jeep being in a serious wreck.

At first I was feeling like I'm too petty and vengeful in wanting the guy who *CHOSE* to drive high and uninsured hurting at least as much as my wife. Well, he probably is, seeing as he went to jail a bit battered and bloody. Oh, and the 68 year old woman in front of my wife with a 2 year old grandson in her back seat also went to the hospital -- the jeep passed on quite a bit of the impact to the car in front.

Now I'm feeling extremely angry and vengeful.

The lawyer I talked to earlier will do this on contingency on the off chance that the guy might win the lottery, inherit, etc. And we can both write bad debt off on our taxes in case he's got 0 in assets and chooses to spend the rest of his life (he's early to mid 20s) on welfare.

Even if I don't see a single penny I'll feel better knowing the irresponsible bastard will have a hard time ever getting a car loan to get on the road again after he gets out of jail.

I was going to say...A good lawyer will make sure this guy pays for his mistake for the rest of his life. It sucks for you and your family though having to go through everything.

Good luck. I hope things turn in your favor.

 

[LTC8K6]

https://www.carinsurance.com/CoverageDefinitions.aspx

 

[fbrdphreak]

Sounds like you have shitty insurance or live in a state with shitty insurance regulations.

But yeah, most don't pay for lost wages I don't believe. Isn't that what Aflac is for?

 

[Vette73]

Yea a uninsured person hit my car once. The court made him my butler to pay off the damages.

 

[alkemyst]

Problem is, insurance co is not covering us, other than repairs to our car with remanufactured parts. I'm guestimating 3-4k out of my pocket for medical and car rental not even counting the loss of value on the 08 jeep being in a serious wreck.

At first I was feeling like I'm too petty and vengeful in wanting the guy who *CHOSE* to drive high and uninsured hurting at least as much as my wife. Well, he probably is, seeing as he went to jail a bit battered and bloody. Oh, and the 68 year old woman in front of my wife with a 2 year old grandson in her back seat also went to the hospital -- the jeep passed on quite a bit of the impact to the car in front.

Now I'm feeling extremely angry and vengeful.

The lawyer I talked to earlier will do this on contingency on the off chance that the guy might win the lottery, inherit, etc. And we can both write bad debt off on our taxes in case he's got 0 in assets and chooses to spend the rest of his life (he's early to mid 20s) on welfare.

Even if I don't see a single penny I'll feel better knowing the irresponsible bastard will have a hard time ever getting a car loan to get on the road again after he gets out of jail.

What are you trying to accomplish seriously? If the guy has no insurance chances are there will be no garnishment. Your lawyer is going to rack up the bill on YOUR insurance company's tab and make a nice bankroll for himself.

Seriously him winning the lottery?!?!?

It's as much your fault not insuring yourself properly for these kinds of rainy days as the other driver deciding not to carry any insurance.

I didn't want to buy health care at 18, but I did and have been insured since. At about 24 i decided uninsured motorist coverage in my no-fault state was a smart move as well with over 1/3 of our drivers being uninsured and about 50-75% being underinsured.

I carry 100/300/100 and my car's are paid off. I do it because it's the right thing to do, not that I have too.

What limits were you carrying that your uninsured motorist coverage is so worthless?

 

[StageLeft]

It's as much your fault not insuring yourself properly for these kinds of rainy days as the other driver deciding not to carry any insurance.

Honestly, I expected you'd blame him in some way on your first post in the thread, not the second. I think you are growing, Alchmyst!

 

[BurnItDwn]

What are you trying to accomplish seriously? If the guy has no insurance chances are there will be no garnishment. Your lawyer is going to rack up the bill on YOUR insurance company's tab and make a nice bankroll for himself.

Seriously him winning the lottery?!?!?

It's as much your fault not insuring yourself properly for these kinds of rainy days as the other driver deciding not to carry any insurance.

I didn't want to buy health care at 18, but I did and have been insured since. At about 24 i decided uninsured motorist coverage in my no-fault state was a smart move as well with over 1/3 of our drivers being uninsured and about 50-75% being underinsured.

I carry 100/300/100 and my car's are paid off. I do it because it's the right thing to do, not that I have too.

What limits were you carrying that your uninsured motorist coverage is so worthless?

Dude, he should have had better coverage, but he was at least legal.
No coverage at all should not have a drivers license, should not have a car, and should not be on the fvcking road! He should sue the fvcker, and as long as it doesn't cost him out of pocket for the lawsmith, then get the best damn laswmith that he can afford....

That said ... rental coverage is not something I will ever be without unless I have an extra car .... rental cars are fvcking expensive, and sometimes body shops take FOREVER....

 

[v8envy]

What are you trying to accomplish seriously? If the guy has no insurance chances are there will be no garnishment. Your lawyer is going to rack up the bill on YOUR insurance company's tab and make a nice bankroll for himself.

Seriously him winning the lottery?!?!?

It's as much your fault not insuring yourself properly for these kinds of rainy days as the other driver deciding not to carry any insurance.

I didn't want to buy health care at 18, but I did and have been insured since. At about 24 i decided uninsured motorist coverage in my no-fault state was a smart move as well with over 1/3 of our drivers being uninsured and about 50-75% being underinsured.

I carry 100/300/100 and my car's are paid off. I do it because it's the right thing to do, not that I have too.

What limits were you carrying that your uninsured motorist coverage is so worthless?

Same 100/300 uninsured motorist coverage as you, also a no-fault state. Looks like it'll help with a portion of the medical bills and car, but I'm stuck paying for everything else. The 3-4k is in *addition* to what insurance will pay out.

That's why I was asking for advice here -- I've never had to deal with this kind of crap before, and seriously -- who researches their state's regulations on uninsured motorist coverage BEFORE something like this happens, never mind change states because of it?

Yeah, the victim is totally at fault here.

Now that I'm sensitized I'm definitely reading up on the issues and contacting my state representatives to ask for much harsher penalties for uninsured motorists. The whole reason we have laws is to avoid this exact sort of situation where the victim winds up screwed with no recourse.

A mandatory 10 year prison sentence for being an irresponsible cretin sounds like a good start to me.

 

[Greenman]

Sometimes you just have to take the hit. It's a couple thousand bucks, eat it, get over it, and move on. Maybe take a moment in there to be thankful your wife wasn't seriously hurt.

 

[alkemyst]

http://www.youtube.com/watch?v=79vtq4nEp8o

 

[v8envy]

Sometimes you just have to take the hit. It's a couple thousand bucks, eat it, get over it, and move on. Maybe take a moment in there to be thankful your wife wasn't seriously hurt.

It's a good thing society doesn't agree that the victim should shoulder the burden of irresponsibility and stupidity.

And I *am* thankful my wife was not immediately crippled for life or killed by this douche. The jury is still out on long term effects. That has nothing to do with anything else.

Ok, now, to the case at hand. This is how it works: my insurance will only pay for car repairs right now. The rest of the costs including the monster hospital bill ($5k), loss of work, rental car (est: 2k), ongoing medical and misc (lumped under loss of quality of life and pain & suffering) is something I'll ask them for, but they'll likely deny. At that point a lawyer *has* to be involved.

The good news is, in a case like this where one driver wasn't even authorized to be on the road (no insurance), rear end collision with one car motionless, no skid marks and the offending driver under the influence with multiple injuries the lawyer feels like the only argument the insurance company can bring is "they don't deserve compensation, they should man up and shoulder their share of the financial burden -- look at this Pete's Dragon utube video!" which doesn't work well with jurors, so for < $20k there is likely to be an immediate settlement. I'll have to ask for the sky so the lawyer can get paid, of course.

End result is we'll be dropped by our insurance company but are likely to recover the lion's share of this accident's cost. What makes that possible is the injury -- lawyers won't take property only cases on contingency, which is why insurance companies are free to lowball people in cases where nobody went to the hospital.

Glad there's sources other than AT for advice on this matter, "be the victim and be happy" is awful advice to get.

 

[jaydee]

Your situation really sucks, I do empathize with you, however... how is this your insurance company's fault? What did THEY do wrong, that THEY owe compensation to YOU? Is it really your insurance company's fault that the guy who hit your wife was uninsured? Unless you feel your insurance policies cover medical for uninsured/underinsured motorists and they refuse to pay, I don't understand your case.

edit: I don't know where you live, but in NY state, the following is required:
Uninsured Motorists - to protect against the injuries you, your family or your passengers might suffer in a hit-and-run accident or in an accident with an uninsured vehicle.
http://www.newyorkcarinsurance.com/nyilaws.php

 

[LTC8K6]

You don't have medical insurance?

Shouldn't your regular medical insurance cover your hospital bills?

 

[jaydee]

You don't have medical insurance?

Shouldn't your regular medical insurance cover your hospital bills?

Doesn't sound like he has medical insurance. Under certain state policies it's required in your auto insurance as well, but unless he tells us what state he lives in, it's impossible to know.

 

[fbrdphreak]

Ok, now, to the case at hand. This is how it works: my insurance will only pay for car repairs right now. The rest of the costs including the monster hospital bill ($5k), loss of work, rental car (est: 2k), ongoing medical and misc (lumped under loss of quality of life and pain & suffering) is something I'll ask them for, but they'll likely deny. At that point a lawyer *has* to be involved.

Damn dude, you are getting bent over. Half the point of car insurance in every state I've lived in or read about is health coverage when you are in an accident. Time to drop that company and/or move to another state.

 

[v8envy]

We do have medical insurance (and before you ask, an umbrella policy, homeowners insurance, valuables insurance, flood insurance and others). But there are applicable deductables and copays for meds, doc visits, transportation (I can't always take time from work to drive her to doc) and so on.

I'm in Colorado. And what makes this my insurance company's fault is ... me having uninsured motorist insurance. Under Colorado law what happens is they are now liable for whatever damages *his* insurance would have otherwise covered.

What I'm saying is I'll need to file a lawsuit to cover deductables, copays, rental, lost work and the pain in the ass this whole thing is causing me. Including lost value of my car from having been in a 45mph collision and scrambling around being a single parent of 2 kids and an invalid for the next few weeks/months.

Now, this means I *have* to sue for a bunch more than the estimated 5-10k this incident will suck out of my pocket to cover the lawyer. And my insurance is going to turn around and sue the idiot for restitution (for some amount >>> whatever they paid out, since they have to cover their horde of lawyers and be compensated for their pain in the ass).

At the end of the day, a satisfactory resolution can reasonably be expected for everyone involved. Possibly excepting the moron choosing to drive high and uninsured. But that's a good thing -- maybe he'll tell people about his experience and they'll consider not doing the same thing.