Hit by an uninsured driver

Saijin

Member
Aug 30, 2005
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So this past weekend I was hit while driving by an uninsured driver, and am looking to find out what my options are legally, as my deductible is pretty high at $1000. Cliffs at the bottom.

This is what happened, I was stopped at a red-light going eastbound, about to make a left turn to go north. My light turns green, and I start accelerating into my turn. As I start speeding up into the intersection, my eye catches a light on my left side, and I notice a van coming at high speeds towards me from my left (going southbound). I slam on the brakes, but am still moving forward with some momentum as the minivan swipes across my front bumper, and I crash soundly into its side as it flies in front of me. The van is still moving at high speeds perpendicular to my car as we crash.

I'm a little shaken but not otherwise injured, and got out of the car to take a look at the damage. It is a long deep rip on the right side of my front bumper, scratching my right headlight and fog light as well. The other driver had slowed to a stop about 20 yards away, and I start walking towards them to see if they're ok and to sort things out. Then I see them drive off. At this point I call the police and give them a report.

The dispatch calls me back about 10 min later saying the other driver had also called in, and the dispatch asks me to drive meet the police officer at the location of the other driver at a restaurant 2 blocks away. I discuss things with the officer, he tells me the other driver is from out of state and has no insurance, and will be ticketed for both leaving the scene of the accident and driving without insurance.

I got an initial damage assessment today that will cost $1200, and my deductible is $1000. I do have uninsured motorist coverage. Tomorrow I will call and talk to a lawyer to see what my options are. The above is the story that I will tell the lawyer, it is also basically what is on the police report.

----------------------------------------------------

Cliffs:
1. Hit by an uninsured driver who drives off immediately after accident.
2. Other driver is found later and gets ticketed for driving with no insurance and leaving the scene of the accident.
3. My car will cost $1,200 to repair, my deductible is $1000.

I'd like to know what kinds of things to expect at this point, am I out $1000 for a high deductible? Can I get the other driver to pay for my deductible? What things should I know when talking to a lawyer and how do I know whether I have found a good one? Even unofficial answers from anandtech members would make me feel more comfortable as I start trying to sort things out.
 

altonb1

Diamond Member
Feb 5, 2002
6,432
0
71
Get ready to grab your ankles.

Unfortunately, from other stories I have heard, you're gonna be screwed. You may be able to sue the other party, but if they do not have any means to pay, then you can't collect anything.
 

waffleironhead

Diamond Member
Aug 10, 2005
7,047
551
136
uninsured motorist coverage only insures bodily injury not vehicle/property damage. At least here in wisconsin. Best bet is to send the estimate to the offending party and hope they send a check, otherwise drive the dented car around.
 

Saijin

Member
Aug 30, 2005
25
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Originally posted by: waffleironhead
uninsured motorist coverage only insures bodily injury not vehicle/property damage. At least here in wisconsin. Best bet is to send the estimate to the offending party and hope they send a check, otherwise drive the dented car around.

Crap, I will have to check my coverage on this. That will really suck...
 

waffleironhead

Diamond Member
Aug 10, 2005
7,047
551
136
the good news tho...Usually in the case of hit and run/uninsured motorist, your colision coverage would cover you..
 

waffleironhead

Diamond Member
Aug 10, 2005
7,047
551
136
Originally posted by: Saijin
Originally posted by: waffleironhead
uninsured motorist coverage only insures bodily injury not vehicle/property damage. At least here in wisconsin. Best bet is to send the estimate to the offending party and hope they send a check, otherwise drive the dented car around.

Crap, I will have to check my coverage on this. That will really suck...

The whole uninsured/underinsured coverage is commonly misunderstood.
 

dud

Diamond Member
Feb 18, 2001
7,635
73
91
Why do you have a $1,000 deductible? That pretty much defeats the purpose of having insurance in the first place.

Young? Insurance premiums through-the-roof?
 

Svnla

Lifer
Nov 10, 2003
17,986
1,388
126
Good luck to you OP. I got hit by uninsured driver before <about 1 out of 4 drivers around here are uninsured> and it was not fun. Hopefully, your uninsured coverage will cover your vehicle. Give your insurance company a call asap.
 

Saijin

Member
Aug 30, 2005
25
0
0
Originally posted by: dud
Why do you have a $1,000 deductible? That pretty much defeats the purpose of having insurance in the first place.

Young? Insurance premiums through-the-roof?

Yes, I was young with my first job out of college when I bought the insurance. My thinking at the time was that the lower monthly payment would balance out my high deductible in the case of an accident, in other words, the money I saved from the monthly balance would more than make up for the high deductible as long as I was not in an accident more than once every 2 years.

Also, if I was at fault in an accident, then I would not mind paying out of my pocket for my stupidity. But here is a situation where I did everything right and might end up getting screwed.
 

SmoochyTX

Lifer
Apr 19, 2003
13,615
0
0
Don't tell me. You're gonna sue for $100,000. :roll:

ETA - Not condoning the other guy not driving with no insurance in any way. I just can't stand people who sue when it's not even necessary.
 

mugs

Lifer
Apr 29, 2003
48,920
46
91
Originally posted by: dud
Why do you have a $1,000 deductible? That pretty much defeats the purpose of having insurance in the first place.

Young? Insurance premiums through-the-roof?

Depends on the price difference and how often you get in accidents. My parents saved a lot of money in the long run by switching to a $2000 deductible. What's funny is that a lot of people won't report a $700 accident out of fear of having their rates raised, but they don't raise their deductible... Insurance is great for catastrophic events that you can't easily afford to cover on your own. You don't want to spend money on insurance for something that you could easily pay to fix/replace on your own.
 

mugs

Lifer
Apr 29, 2003
48,920
46
91
Originally posted by: SmoochyTX
Don't tell me. You're gonna sue for $100,000. :roll:

ETA - Not condoning the other guy not driving with no insurance in any way. I just can't stand people who sue when it's not even necessary.

Dude, ease up. It IS necessary to sue if he wants to make the jackass pay for the accident. I don't see any indication that he wants more than what it will cost him to fix his car.
 

Saijin

Member
Aug 30, 2005
25
0
0
Originally posted by: SmoochyTX
Don't tell me. You're gonna sue for $100,000. :roll:

ETA - Not condoning the other guy not driving with no insurance in any way. I just can't stand people who sue when it's not even necessary.

I'm not an evil guy, sorry to disappoint. =) But no way am I gonna just grab my ankles if I have options.
 

Sluggo

Lifer
Jun 12, 2000
15,488
5
81
Originally posted by: altonb1
Get ready to grab your ankles.

Unfortunately, from other stories I have heard, you're gonna be screwed. You may be able to sue the other party, but if they do not have any means to pay, then you can't collect anything.

That was our experience when my wife got hit by an uninsured driver.
 

Saijin

Member
Aug 30, 2005
25
0
0
Originally posted by: Sluggo
Originally posted by: altonb1
Get ready to grab your ankles.

Unfortunately, from other stories I have heard, you're gonna be screwed. You may be able to sue the other party, but if they do not have any means to pay, then you can't collect anything.

That was our experience when my wife got hit by an uninsured driver.

Would it help to sue anyways to get it on file, or to garnish future wages?
 

FoBoT

No Lifer
Apr 30, 2001
63,084
15
81
fobot.com
Originally posted by: Saijin

I'd like to know what kinds of things to expect at this point, am I out $1000 for a high deductible? Can I get the other driver to pay for my deductible? What things should I know when talking to a lawyer and how do I know whether I have found a good one? Even unofficial answers from anandtech members would make me feel more comfortable as I start trying to sort things out.

if the dude had money , he would have had insurance

you pay the $1000 and your insurance will pay the rest
don't bother with a lawyer, you can't get blood from a stone
 

alkemyst

No Lifer
Feb 13, 2001
83,769
19
81
Originally posted by: altonb1
Get ready to grab your ankles.

Unfortunately, from other stories I have heard, you're gonna be screwed. You may be able to sue the other party, but if they do not have any means to pay, then you can't collect anything.

And if they decide not to pay you don't collect anything. Winning a lawsuit <> getting a check at the end of it.

It's time to consult a lawyer...in a case like this they should give you a free consultation.
 

SmoochyTX

Lifer
Apr 19, 2003
13,615
0
0
OP, what kind of car do you drive -- year, make, and model? What kind of car did the uninsured drive?
 

maziwanka

Lifer
Jul 4, 2000
10,415
1
0
Originally posted by: SmoochyTX
Don't tell me. You're gonna sue for $100,000. :roll:

ETA - Not condoning the other guy not driving with no insurance in any way. I just can't stand people who sue when it's not even necessary.

really? in this situation it's not necessary? that's what small claims court is for.
 

Kelemvor

Lifer
May 23, 2002
16,928
8
81
Definitely sue the guy. Small claims court if nothing else. If you win there, you can request that his wages get garnished to pay for it if he refuses to pay. You'll have to go through some extra work but if you have the police report and such you should have no trouble.

Definitely contact the person first and let him know how much it will cost and that you expect him to pay for it. Have you information ready so if he says No, you can say that you'll then have to take him to court in which he'll have to pay the amount to fix the car but also the costs to file and such in SCC which is normally a couple hundred dollars, and that the court will simple garnish his wages to pay for it if he refuses. That might goad him into just paying.

Good luck... You'll need it.
 

Svnla

Lifer
Nov 10, 2003
17,986
1,388
126
Originally posted by: Saijin
Originally posted by: Sluggo
Originally posted by: altonb1
Get ready to grab your ankles.

Unfortunately, from other stories I have heard, you're gonna be screwed. You may be able to sue the other party, but if they do not have any means to pay, then you can't collect anything.

That was our experience when my wife got hit by an uninsured driver.

Would it help to sue anyways to get it on file, or to garnish future wages?

I did try to get his future wages but the driver who hit me didn't work much and only made minimum wage range whenever he worked so it wasn't worth it in my case.

And he didn't have much in assets either.

<<<----- thinks all uninsured drivers should be in jail and will have to work until they die to pay for the ones that they hit.
 

maziwanka

Lifer
Jul 4, 2000
10,415
1
0
Originally posted by: Svnla
Originally posted by: Saijin
Originally posted by: Sluggo
Originally posted by: altonb1
Get ready to grab your ankles.

Unfortunately, from other stories I have heard, you're gonna be screwed. You may be able to sue the other party, but if they do not have any means to pay, then you can't collect anything.

That was our experience when my wife got hit by an uninsured driver.

Would it help to sue anyways to get it on file, or to garnish future wages?

I did try to get his future wages but the driver who hit me didn't work much and only made minimum wage range whenever he worked so it wasn't worth it in my case.

And he didn't have much in assets either.

<<<----- thinks all uninsured drivers should be in jail and will have to work until they die to pay for the ones that they hit.

hahaha. the last line is a bit harsh.
 

Saijin

Member
Aug 30, 2005
25
0
0
Originally posted by: SmoochyTX
OP, what kind of car do you drive -- year, make, and model? What kind of car did the uninsured drive?

Why do you ask? Will it help to give an answer, otherwise I'd rather not give out such information.
 

Saijin

Member
Aug 30, 2005
25
0
0
Originally posted by: Svnla
Originally posted by: Saijin
Originally posted by: Sluggo
Originally posted by: altonb1
Get ready to grab your ankles.

Unfortunately, from other stories I have heard, you're gonna be screwed. You may be able to sue the other party, but if they do not have any means to pay, then you can't collect anything.

That was our experience when my wife got hit by an uninsured driver.

Would it help to sue anyways to get it on file, or to garnish future wages?

I did try to get his future wages but the driver who hit me didn't work much and only made minimum wage range whenever he worked so it wasn't worth it in my case.

And he didn't have much in assets either.

<<<----- thinks all uninsured drivers should be in jail and will have to work until they die to pay for the ones that they hit.


So if you win the case, did you still have to pay the lawyer's fees? The lawyers' ads I have looked at say I only pay if we win, but lets say we win and the other party doesn't pay up, then am I out the lawyer's fee as well as my car repair costs?