Alrighty...this one is starting to unravel a bit...but here goes:



Wife was sitting at light, hit from behind by another driver.



Minor scratch to wife's bumper. Cop showed up, and as they do around here, didn't take a police report at the scene. Wife was more worried about our 4yo in the back and didn't press for one at the time. Officer had them exchange info and be on their way (lazy cops here...fucking hate them...and wife learned the lesson on this one to ALWAYS get a report done). No ticket issued. No report written.



Later that day, wife's head starts hurting, gets dizzy, etc...goes to emergency room...has a concussion. This was over a month ago...still has memory issues from it.



Since the hospital visit, she's been in contact with the cop who's done a report and has been trying to get in contact with the woman that hit my wife. No luck. Our insurance (USAA) has the woman's VIN and found out that her insurance is not so much actually up to date. So...no contact and no insurance.



Under our uninsured, the fix of the rear bumper (even though it's a scratch, they say fix it so they can see if there's damage under it...) is a $200 deductible and USAA pays the med bills (I apparently have pretty good coverage...). Nothing goes against her record.



Doing some research on my own, using phone look ups, the woman's from NY (which we knew...) but gave a false name (not the one on the insurance). So...I have what we believe to be her actual name/address up in NY, myspace page, etc...all forwarded to USAA to help with their investigation.



If you made it through all that...good on ya. My question is: What should we be looking to do from here (aside from riding along with whatever USAA does)? Worth trying to pursue with a lawyer to get any pain and suffering, medical bills, etc? At this point I'm just pissed at the woman for...well..being a douchebag and falsifying info and would love nothing more than to ruin as much of her life as possible for injuring the wife. Just not sure what that possible is or how likely it is.

Where in NY?  

Bronx If correct..Creston Ave area...



 

technically, auto accidents are completely civil unless criminal negligence is involved. our society has just become accustomed to police working auto accidents. if the damage is under $200 in many states police do not write a report.

Oh, I don't go there.  You'll have to get some hood rat to track her down.  



ETA:  I live in the farms and lakes and vineyards area of NY.  





 

You would be lucky to find an attorney who would take the case knowing that she is uninsured.

Interesting...



Looking at the scratch you wouldn't think it'd be much...reality it's around $500 (my deductible is $200 for uninsured...)



 

Kind of what I'm afraid of...lack of deep pockets.



 

At this point, USAA is the one interested in pursuing her for actual costs (damage and medical bills).  Even if you did manage to sue her and collect on your own, you'd be obligated to pay that to USAA.  

Pain and suffering would be another matter, but no way to get blood from a stone.

Virginia stopped that stuff a few years ago.

Uninsured coverage is there for a reason.
And usually not all that expensive.

In NJ hitting someone from behind will usually get you a ticket.

You have uninsured coverage through USAA in Virginia. It's required by law here.  USAA pays as if it were the other driver's insurance. If you're smart you have "medical payments" coverage as well (usually a few thousand bucks) that you can get IN ADDITION and immediately for actual medical bills. You need to look at your policy declaration page (the one with all the coverages and limits listed) to see what you have.

PM me if you want, I'm a VA licensed attorney.

USAA pays you (lawsuit or not), and then it's USAA's problem to try to recoup from the uninsured driver. You don't "repay" anything, it's not your job to go after the uninsured driver. Pain, suffering, inconvenience is part of that settlement, it's not a separate action or claim. USAA would pay that as well. If the case gets litigated and tried, then USAA is a "party" as the uninsured carrier and they step in and essentially litigate against you over the value of the claim, if you don't settle it. I've tried these to juries before.

What's the total dollar amount of the damage?  Does it meet the report requirements in your state?
No police report is required in NYS unless the damage exceeds $1000, and as far as I am concerned that amount ( which hasn't changed in 20 years ) should be raised due to the effects of inflation.
Even if there is no report taken by the police you should still exchange complete driver, vehicle and insurance information with each other.
The insurance doesn't have to be in the name of the operator here in NY

Whenever I'm in an accident i file the claim with my own insurance company no matter who is at fault. If the other driver is at fault i let my insurance company fight with them for reimbursement.

Yeah...the deductible is $200 for UIM...it's a brand new car...so full coverage.



USAA has been horrible with this one so far. We've been asked for the same info several times by different people. Apparently they aren't actually saving anything. Frustrating as hell.



 

Dollar amount will be in the $700 range. Looking at it, it's literally a nick int he plastic/paint on the bumper, but they're going to replace the bumper. USAA wants us to get it done so they will take the bumper off and look for any other damage (they wouldn't do that until they replace the bumper...).



 

Then, if it happened here, you'd get a  self report form.
We honestly don't have time to respond to every small fender bender in a parking lot, and a collision with only $700 doesn't amount to much from what I've seen
Maybe some smaller PDs will take a report on that amount if they're having a slow day and it's a local person they're trying to stay on the friendly side of.
Still no idea what the minimum dollar amount required for a police report is in your state?

Listen to this guy.  He knows what he is talking about.  

Just an update:



Wife just got back from visiting her mom in Germany for the month and did a final interview with USAA (seriously had to give the same story like 3-4 times to different people.



USAA says they found VIN/person/no insurance on said person



1. Paying any med bills that come (since they were put on hold, the hospital was sending bill to insurance...) and covering medication costs.

2. $500 for "pain and suffering"

3. Waiving $200 uninsured motorist to get car fixed (literally a scratch on the bumper...)

4. Sending out someone to look at vehicle and will cut a check for whatever the damage is thought to devalue the car to since it's so new (we bought it in Oct)

5. Paying for rental while it gets fixed (which...is part of our plan anyway...so...to be expected)



Glad they're doing what they're doing...what I don't like is that this person is apparently getting off with no repercussions.



2nd time the wife has been "hit and run" (which this basically is...). First time was locally by a couple of younger kids about 3 years ago. Police seemed disinterested then, too..."happens a lot around here..."

This stinks, but yes...such is the way of the world these days.

If you're ever involved in another accident, take pictures on-site.  Lots and lots of pictures.  Including of the other party.  They may not like it, but this is not the time to be making friends anyway.  Pictures can be handy in this day and age, since "six degrees of separation" means SOMEONE is going to eventually know who the other party is in the event they decide to "disappear".

On a slightly unrelated note, I lived in Massachusetts for a few years.  And while that state is all kinds of messed-up, they DO get one thing right: When you register a car you are required to have insurance and actually prove you have insurance.  They don't take your word for it.  And if your policy ever lapses, the insurance companies immediately report that to the RMV (otherwise known as the DMV in most other states).  If you're ever involved in an accident or pulled over and your insurance has lapsed, your car is towed on the spot.  No ifs, ands or buts.  You can have it back as soon as you buy insurance and pay the impounding fee.  Both of which are not inexpensive.

While all of this may seem harsh, I wish more states would work this way.  When I lived in Portland, OR, a cop once told me 1 out of 4 drivers in PDX has no insurance.  Everyone else pays for that in the form of higher rates.  I wish we had a law similar to MA.

I wish Texas did the towing here also.

required in VA as well.



That or you pay the "no insurance" fine before you can register (not sure the requirements...assume the car has to be paid for, though...)