Posted: 3/9/2004 10:51:09 PM EDT
|
So, I'm pulling out of dunkin donuts minding my own business. I stop at the next stoplight and start to take a sip of my medium caffine treat, when all of a sudden it finds it's way all of my windshield due to a hard rear impact, pushing me into the SUV in front of me as well. Long story short, turns out a month later that the rear guy at fault didn't have insurance. Mine and my passenger's med bills (both went to the ER) were covered under my policy, however my truck has damage to it which I'd like to get repaired. I am NOT taking it out under my collision policy. Is small claims my only option? I'd guess it's around $1000 in damage. Has anybody been through this bullshit before and have some "I wish I had done it this way" words of wisdom? |
|
Uninsured Motorist would be Collision for the vehicle, which I do have, but with a $500 deductable. I took all the Medical out on my Uninsured Motorists policy already (no deductable for medical). Honestly, it's not worth the $500 out of my pocket. It's bumper and valance damage to the front and rear, which I'll live with considering the truck probably only has another year in it. So it looks like small claims is my only option. |
|
Yep, do small claims court. It will help to have all your evidence--costs of repair, police reports, even witnesses along when you go to court. Chances are the moron will not show up, and they may have no assets, but I'd still try hard to collect. If they can't afford insurance they should not have a car and should not be out driving. GunLvr |
|
Quoted: Go to SMC, and get a decision in your favor and then either put a lean against their home (it they own one) or look into asking for wage garnishment. Most times, peoeple do not want the hassle, and will pay up. Ditto, win in SCC, even for the deductable, and if they don't cough up the $$$, just have a lein or judgement put against their personal property. They won't be able to buy or sell anything until that judgement is satisified. Plus, it accrues interest. |
|
Lots of luck! I have had three (3) vehicles totaled by uninsured scum over the years. Never got a freakin dime. You won't either! Most of the uninsured pond scum are well aware that if they don't own a home or other substantial asset you can't collect. They lose their license for a short while (but drive anyway) so they don't suffer much. You are better off to carry a club and beat the crap out of them. You will do 30 days for assault but at least get SOME satisfaction. There are folks alive only because it is illegal to kill them. [:(!] |
|
Quoted: Lots of luck! I have had three (3) vehicles totaled by uninsured scum over the years. Never got a freakin dime. You won't either! Most of the uninsured pond scum are well aware that if they don't own a home or other substantial asset you can't collect. They lose their license for a short while (but drive anyway) so they don't suffer much. You are better off to carry a club and beat the crap out of them. You will do 30 days for assault but at least get SOME satisfaction. There are folks alive only because it is illegal to kill them. [:(!] So true -- fucking uninsured scum |
|
I was recently struck by an uninsured motorist. The damage didn't look all that bad. The bill was $2700, not including a rental car. That's in excess of a small-claims court claim. If your vehicle was struck hard enough to push you into the vehicle in front of you and send you to the Emergency room, then the damage is most probably well in excess of $2k - you need to take it to a shop and get an estimate. Shops do it for free. I'd recommend that you go ahead and have the damage repaired under your collision, pay the $500 deductable, and go to small-claims court to get [i]that[/i] back. |
|
Sounds like a plan. I'm going to fire him a off a registered letter as soon as I get a quote in line to let him know I'm coming. This guy is like 55-60yrs old. He wasn't charged with not having insurance at the accident. On the police report, he's got nationwide with no number listed. I'm sure he gave the officer some story about how he didn't have his card in his car. Anyways, when my insurance carrier put in the claim to nationwide, I got a letter 3 weeks later saying "This person's policy was not in effect until 12/2" (3 days after the accident). He hasn't heard from me yet, so I'm sure he's at home thinking "i'm glad i got away with that one". |
|
-------------------------------------------------------------------------------- "Sounds like a plan. I'm going to fire him a off a registered letter as soon as I get a quote in line to let him know I'm coming. This guy is like 55-60yrs old." If he's as smart as your average "pond scum" He'll refuse all mail from you he won't get official notification. This will include Certified or Registered mail from anyone. |
|
Quoted: Go to SMC, and get a decision in your favor and then either put a lean against their home (it they own one) or look into asking for wage garnishment. Most times, peoeple do not want the hassle, and will pay up. I'm facing the same thing with my Z28, except it's totaled... In WI, although state law does not require insurance, the DMV does track down and deal with uninsured motorists. I have a form that will be sent to my insurance co with my title, and if the goon who hit me doesn't pay, they loose their driver's license for 20yrs or untill they pay, whichever comes first... |
|
If you can't afford insurance, you can't afford to drive. Bottom line. I live in a state where insurance isn't mandatory, but I think it should be. People do way too much damage with their cars. Sue the idiot. It is your only option. The insurance capital of the country and Connecticut doesn't require insurance? |
|
Quoted: Lots of luck! I have had three (3) vehicles totaled by uninsured scum over the years. Never got a freakin dime. You won't either! Most of the uninsured pond scum are well aware that if they don't own a home or other substantial asset you can't collect. They lose their license for a short while (but drive anyway) so they don't suffer much. You are better off to carry a club and beat the crap out of them. You will do 30 days for assault but at least get SOME satisfaction. There are folks alive only because it is illegal to kill them. [:(!] I suppose you could kidnap their first born but I doubt they would care. BTW here in Maryland the uninsured rate approaches 20 percent of drivers. GunLvr |
| My wife got rear ended last year. Her car was totalled, the car in front of her was totalled, and 3 more cars in front of that one were damaged. The idiot who caused it had no insurance. We got a lawyer and have filed a lawsuit to cover all out of pocket expenses we had plus compensation for my wife being injured. Btw we had underinsured motorist etc. but we had to pay the deductible on that plus the cost to purchase her a new car which we weren't planning on doing soon, plus medical bills not covered by insurance. Long story but the guy was driving a rental car so we are filing against the guy and the rental company's insurance co. They gave us a jackass settlement offer which we didn't take, so it will prob. go to court. This process can take up to a year. |
|
Quoted: If you can't afford insurance, you can't afford to drive. Bottom line. I live in a state where insurance isn't mandatory, but I think it should be. People do way too much damage with their cars. Sue the idiot. It is your only option. The insurance capital of the country and Connecticut doesn't require insurance? Of course we require insurance. Like I said, he obviously gave the cop some kind of story about not having his insurance card because the cop notated "Nationwide" on the accident report, but didn't put down a policy number. We're SUPPOSED to have some fancy pants computer system thats supposed to send out letters to uninsured drivers and cancel their registration, but clearly it isn't working very well. As far as the Registered letter, if he refuses it, thats fine. I just don't want to get all the way to court and have the guy tell the judge I never tried to contact him, thats all. |
|
I think in some states or mayby all you don't have to have liability insurance if you can post an attached assets bond so to speak! If you owened enough property free and clear and were to post it as bond more or less you could drive! But insurance would be cheaper,as you could lose everything you owened if something bad happened at your expense! Bob [:D] |