Rearended by bimbo w/ no ins, What now?

[rcaretti]

I had an uninsured motorist pull right out in front of me in 2004. The 4runner I was driving sustained light to moderate damage (it was drivable only during daylight hours), but the civic the other motorist was driving had to be towed. I knew right away things didn't look good when the driver had an insurane card that had expired a year earlier.

The state police responded and a report was filed. I was lucky to have a few local witnesses (one a local fireman) who stayed and gave statements. I live in MD and the accident happened in PA.

My insurance company would not honor the uninsured motorist coverage until they had a police report showing I was not at fault and I had proof the driver was uninsured. I was left to acquire both of these items myself (my agent was utterly and completely worthless).

It took a month to get a police report (my father, who lives in PA, finally called his local congressmen and asked that he contact the state police, or who knows how long it would have taken for the police report. I also had to call and get a letter from Progressive (the other drivers ex-insurence company) stating the driver was uninsured and that took them some time.

I also had to pay for a rental out of pocket for about four weeks until everything got worked out and I had a $500 deductible that would only be paid to me once Erie was able to secure full payment from the other driver. They did eventually get it and pay me the deductible months later.

It was an aggrevating experience, where you end up getting put threw the wringer, all to use insurance you purchased.

So, I'd file, but I'd be prepared for some hassles in getting everything taken care of. If you have a good agent, which I did not, you may end up with a much better experience.

 

[Soundguy]

I agree witht he consensus.. since an employee was involved.. file the claim, even if you don't ask for repair money.. this protects you if the employee wakes up with a bad back in a week or two.

generally the ins co will try to go after her.. if not you may be able to get a judgement in small claims court. but good luck on actually getting money.. ( if you are real lucky.. you might get something if she has some assets or is gainfully employed.. if she is a 'welfare momma' living off the system ad some child support ..e tc... ya might as well walk away.. )

Soundguy

An employee of mine driving a company van was stopped at a light when she plowed into the back of him on a snow covered road. She has no insurance. Police were called and did a report and gave her tickets.

Only minor damage to the van - bent bumper, cracked plastic, minor dents.

I could go through my insuance company but they might raise my rates. I could just eat it and pay myself. But I would really like to try and get her to pay instead of getting away with it.

Anyone ever gone after someone like this before ? Small claims court ? Garnish her wages ?

 

[scott_vt]

Mornin Larry,
Well Im glad it wasnt your new pickup truck ! I agree with the others, since it was your employee driving the vehicle.

Two years ago I was sitting at a stop light when a woman smashed into the back of my Dodge PU I got out of my vehicle and looked at the front of her bomb, her hood was all pushed in from my tow hitch, and the only damage I had was she mangled my electrical box for my trailer hook up. She looked like she didnt have a pot to pee in and was very apologetic. I told her to have a nice day and drove off ! I know darn well she didnt have any insurance to begin with, so why aggravate myself trying to get my truck repaired !

 

[Soundguy]

Same happened to me.. I was stopped at a RR crossing and a junker of a car slid to a stop behind me, but didn't make it by about 6" My trailer hitch and ball didn't even have scratched paint on it however it pretty much ruined the hood, front nose, and possibly fan, shroud and radiator on that little rusty thing she was driving... I was actually more concerned that she and her carload of offspring were ok. Train was apssing by then and no other cars around.. She was getting upset.. I figured she not only dind't have ins.. but probably didn't have a license... having -0- damage to my truck I told her if she didn't want to call it in i wasn't going to argue... I still remember the screech soud her car made as she backed out from behind me as my trailer hitch came back thru the metal on her car.. and then she sped off.. presumably to crash into someone else...

Soundguy

 

[jeffinsgf]

An attorney I was paying at the time gave me an excellent piece of advice -- Don't sue turnips. Forget small claims, if the party doesn't have insurance, it's not likely they have anything you could actually get if you got a judgement. (Can't get blood out of a turnip).

File with your insurance and let them try and squeeze the turnip -- they're practiced at it.

 

[Jagmandave]

Well, I think the rest of the people who have responded are all pretty smart and giving good advice.

One other suggestion - you could have some fun and go on one of those "judge" shows, like Judge Judy or Judge Alex or Judge Mathis, they pay all of your expenses and also the judgement, so if you win you win big, if you lose (highly unlikely here) you lose nothing...........they're always looking for people with cases like this.

You still should let your insurance co know whats up tho, just for your employee's sake........

 

[450EXC]

Well, Thats some pretty unanimous responses. I'll turn it into my insurance, mainly because of the employee situation as noted. I doubt they will do to much with it since the damage to the van is maybe 1,000 - 1,500. i would think.

I doubt they would raise my rates like I was at fault, but maybe drop me out of the really good customer pricing bracket into a more expensive bracket. Sort of like keeping your credit rating high to get good loan rates. I'm not sure if insurance works that way or not.

I have a ton of insurance on these trucks, including uninsured motorist. They are used for big comercial customers who mandate big numbers. I just doubt they are going to get far with this.

Good point Scott, It was'nt the new pickup so I feel much better now. It is my newest van though, an '06.

I think you got it about right Soundguy - A welfare momma living off the system ( us ), pulling away to go ram into someone else and not be responsable for her actions. Letting her get away with it is the reason I was thinking small claims court, but I dont really have the time to mess with it.

Judge Judy though, humm. I am still do my 15 minutes of fame.

Thanks for all the imput, Larry

 

[George2615]

I agree with the rest that you turn it in to insurance to protect yourself and employee. Let the insurance Co. go after the uninsured and hopefully put the screws to her. That's why our rates are so high as it is. If she had no insurance, her prior insurance co. would have turned her in to DMV when her policy lapsed without payment. DMV will revoke her license (if they haven't already) for no insurance. Too many people get away with this. If the employee has injuries down the road you may need to get a lawyer to sue her as well. Usually insurance co. won't drop you until after you've turned in 3 or more claims. That happened to a friend of mine who was involved in 3 accidents in a 2 year period. None of which were his fault but they still dropped him.

 

[DUMBDOG]

About seventeen years ago we were at a stop sign at the mall. Some old beater pickup tried to stop at the stop sign to the left, they slid on the ice(was a couple of days before Christmas), went through the stop sign and hit our car which was undamaged up to that point and less than two years old. The cops were called. The girlfriend of the driver of the other vehicle said how good the old ford pickup with no damage for this accident was compared to the import we were driving.

He had no insurance, I told him that as long as I got my deductible I would not press charges for him having no insurance. Received the deductible and several months later received another check from the insurance company when they collected the full amount from him including the deductible.

So turn it into your insurance company, they will have a better chance of collecting than you will.

Sorry for the long post, but it is funny how certain things stick in your mind.

 

[dbdartman]

And don't think for a New York Minute that your rates WON'T go up! Sure, they might not "raise your rates" but don't be at all surprised if you get a bill in the mail in a year or so from the insurance company. It happened to me!

1993 I was driving a "straight as a pin" 99% rust free '74 Dart. Got hit nearly head-on by a girl making a left turn. The other driver ADMITTED FAULT in the police report & was ticketed. Thirteen months later I received a bill from MY insurance Co for $87. Took me 4 afternoons of phone calls to finally have the Ins Co admit that they had revoked my "good driver" discount. Never mind that fact that I was the victim of someone else's negligence! Never mind the fact that my Ins Co paid no one ANYTHING! Never mind the fact that I lost a couple thousand invested in the Dart AND had to buy another car, so I was out around $4000.00! I was in an accident, so my discount was revoked.

So... the Ins Co got their $87... IN PENNIES!!!!!

Yea, it cost me nearly $25 to send it. Yes, it was sent "return receipt." Yes, even to make things more interesting, I made sure there were 7¢ extra in the payment, just so they would be forced to cut me a refund check. Yes, as soon as the refund check arrived, I changed Ins Co's!