If you have been in an accident with an uninsured driver can you give me some advice

[redshoes]

Back in July, my DH and I were in an accident with an uninsured driver. The driver had no license, no registration, nothing. We paid our deductible and got the car fixed. Our insurance said because the driver was untraceable, they would probably not recoup any funds and we should consider our deductible lost.

Fast forward to yesterday, my DH is in another accident. He was rear ended. He reported the accident to the other driver's insurance company as well as ours. He got a call today saying that the other driver canceled his insurance back in July. Lightening has struck twice. This driver is traceable. The address he gave is a true address with a correct phone number as well.

Here are my questions. What is the chance of our insurance of going after this driver? Or are they going to just absorb the costs because it isn't worth the hassle to them? What are the chances of us getting our deductible back in this case? With the first accident, we pretty much ate the money and figured just bad luck. This time around, we aren't as tolerant. Are we better to use a lawyer? Or go through the insurance company? Who gets paid first in each case- Us or the insurance company and then we get what is left over if there is any.

Just as a FYI- If you have a higher uninsured deductible it might be worth the cost to you to lower the amount. Two accidents in two months has a price of 6 months of car payments to us.

 

[Patricia721]

About 15 years ago my vehicle was rear ended - the other driver (teenager) was uninsured (I think it was cancelled for non-payment). She gave me a valid name & address. I went through my own insurance company to make the repairs, I had to pay the deductible ($200). My insurance company took her to small claims court where the court placed a lien against her property (she had none). To date, the repair cost has not been collected. When & if it is, I will be reimbursed my deductible (not holding my breath at this point). In some cases where the other driver makes restitution, a payment schedule is set up (for example, $100 monthly to your insurance company). Your company may have a procedure for how this would be apportioned between you & them.

In my situation, my auto insurance premiums were not raised. This may be different from your situation depending on the state you reside in and/or your own insurance company. Good luck - it can be a frustrating experience.

 

[N.Bailey]

I don't know a whole lot but my son was once in an accident (he was at fault or at least partially at fault) and our insurance agent told us if we hired an attorney they were no longer allowed to legally communicate with us. They said, they'd take care of the claim and their lawyers would represent us if need be.

I'd just suggest you not seek out your own attorney yet and talk with your carrier about it.

 

[Nickimouse]

First,so sorry,what bad luck.

I was rear ended,not huge damage,so I got the other drivers insurance info and went on my way. Called her insurance to be told it had lapsed. My insurance said they could contact the other driver twice about payment,but that was all they could do. If they got any money from her I would get my deductible after they got the amount they paid for repairs. So surprise,no money!
So aggravating! It's supposedly illegal to drive without insurance but we get stuck with the bills.

 

[taylor1293]

20 years ago, I was in an accident with someone without insurance. It was probably around $1000 in damage and he ended up paying them monthly payments. After they received their money, they sent me a check for my deductible.

I would let your insurance company handle it. That is what you pay them for. What will getting a lawyer do for you? Unless the people who hit you have assets, even if you win, the win will mean nothing. You'll be out your deductible and the cost of the lawyer.

Sorry back luck hit twice.

 

[RitaZ.]

Back in July, my DH and I were in an accident with an uninsured driver. The driver had no license, no registration, nothing. We paid our deductible and got the car fixed. Our insurance said because the driver was untraceable, they would probably not recoup any funds and we should consider our deductible lost.

Fast forward to yesterday, my DH is in another accident. He was rear ended. He reported the accident to the other driver's insurance company as well as ours. He got a call today saying that the other driver canceled his insurance back in July. Lightening has struck twice. This driver is traceable. The address he gave is a true address with a correct phone number as well.

Here are my questions. What is the chance of our insurance of going after this driver? Or are they going to just absorb the costs because it isn't worth the hassle to them? What are the chances of us getting our deductible back in this case? With the first accident, we pretty much ate the money and figured just bad luck. This time around, we aren't as tolerant. Are we better to use a lawyer? Or go through the insurance company? Who gets paid first in each case- Us or the insurance company and then we get what is left over if there is any.

Just as a FYI- If you have a higher uninsured deductible it might be worth the cost to you to lower the amount. Two accidents in two months has a price of 6 months of car payments to us.

My husband had a minor accident years ago in which the other driver (older man) had no insurance and his license was expired. It was the other driver's fault, for which he received several citations. Our insurance company covered the repairs and we paid our deductible. The subrogation process was started by our ins. company. Initially, the man said that he would pay our insurance company. I was hopeful that we'd get our deductible back. He never paid a dime. Our insurance company basically said that they couldn't get blood from a stone. We were SOL.

If the person that caused the accident is a decent human being, he/she will pay for any damages; even in small increments. Good luck.

On the bright side, your husband wasn't injured.

 

[barkley]

it may vary in different states but here's what happened with us in california-

twice we had damages due to no fault of our own by uninsured motorists. in both cases we had the license number of the cars and had reported it timely to the insurance company (and in one case the police-in the second case it was on private property so police would'nt make report but we had witness statements). insurance charged us deductable and then went after car OWNERS. in one case the car was technicaly stolen so the owner's insurance did'nt cover but our uinsured motorist coverage handled it (we were just out deductable). with the second our deductable was covered because the driver was the owner of the vehical and the law in california is such that dmv and local p.d. can be of tremendous assistance in handling these issues.


in california at least-it's illegal to register or drive a car without insurance, so if you are found to have been in an accident (your fault or not) without active insurance its a crime. one of my co-workers encountered this and had previously had the attitude that unless she was in a major accident she would end up paying less for damages to another car than she would in maintianing her monthly premiums. WRONG-she got hit with: criminal fines, all the other car damages, administrative costs for the courts as well as the insurer of the damaged vehical, dmv fine (not reporting the car had become unlicensed), and a MASSIVE premium for mandatory insurance that the dmv made her pay A YEAR OF PREMIUMS IN ADVANCE for to get the car activly registered and out of impound.

in at least some states, uninsured cars are taken very seriously.

 

[wdwfan16]

You will get nothing. Sorry. We had the person, their address and they owned another car and we still got nothing.

 

[Cheshire Figment]

Turn it over to your insurance company. Yes, you will have to pay the deductible up front. However, they have lawyers on staff and an entire (subrogation) department whose only job is to collect money paid out. And they will go after the driver for all costs; when they fully recover everything they will then reimburse you for the deductible.

One time I had a not at fault accident where the other driver did not have coverage and it took almost two years, but I did get my deductible back.

 

[dis-happy]

it may vary in different states but here's what happened with us in california-

twice we had damages due to no fault of our own by uninsured motorists. in both cases we had the license number of the cars and had reported it timely to the insurance company (and in one case the police-in the second case it was on private property so police would'nt make report but we had witness statements). insurance charged us deductable and then went after car OWNERS. in one case the car was technicaly stolen so the owner's insurance did'nt cover but our uinsured motorist coverage handled it (we were just out deductable). with the second our deductable was covered because the driver was the owner of the vehical and the law in california is such that dmv and local p.d. can be of tremendous assistance in handling these issues.


in california at least-it's illegal to register or drive a car without insurance, so if you are found to have been in an accident (your fault or not) without active insurance its a crime. one of my co-workers encountered this and had previously had the attitude that unless she was in a major accident she would end up paying less for damages to another car than she would in maintianing her monthly premiums. WRONG-she got hit with: criminal fines, all the other car damages, administrative costs for the courts as well as the insurer of the damaged vehical, dmv fine (not reporting the car had become unlicensed), and a MASSIVE premium for mandatory insurance that the dmv made her pay A YEAR OF PREMIUMS IN ADVANCE for to get the car activly registered and out of impound.

in at least some states, uninsured cars are taken very seriously.

This is what I like about CA, they don't mess around. Get in an accident without insurance or without a valid DL and they impound the car. Wish more states would jump on this bandwagon.

 

[redshoes]

I appreciate everyone's advice. It's just a frustrating situation all around. The first accident was a pain to deal with, the second one is just icing on the cake. I think that we will let our insurance deal with it, hope for the best but plan on it being one of those things that you have to just let go. I'm thankful that my DH is not hurt and it could have been much worse. Thanks again for weighing in and telling it to me straight.

 

[robinb]

I guess it depends on your insurance company and the person who hit you. I was hit by a teenager at a gas station and she did about $1500 worth of damage to my car. She wanted to "work it out" and I tried for about 4 months before I filed it with my own insurance (State Farm). I paid my $1000 deductible back in December. Since then, we have received about $800 of that back from her through my insurance company. They tracked her down and talked to her and she is paying them. I hope the deadbeat who hit you will be as honest and your insurance company will go the extra mile to track him down.

 

[Epcot luvr]

Same thing happened to us about 5 yrs. ago, we have Travellers. First time we paid the deductible and Travellers said the car was a total loss and paid us, a very fair amount. Second time, 3 months later, same part of town same deal with the other driver no ins. no registration. Travellers fixed the 2nd car, again we paid the deduct. We figured we are out the deduct., and that was that, luckily we had uninsured motorist coverage. Not that the accidents were our fault at all, we did not have comprhensive because they were later model cars.
About 2 year later I get a check in the mail for the amount of the deductible from Travellers, score, they found the woman from the first accidet took her to court and they got their money and my deductible. I spoke with Travellers telling them how impressed (shocked) I was and they said it is such a huge amount for them to pay annually and they very, very agressively pursue finding the guilty party.
Not sure if that helps. They were not able to find the second driver, I do not believe they were even a citizen or legal resident of the US. Cops let both parties leave the scene both times and the cops told us, that these two law breakers will never show up in court, which they did not for the tickets from the accidents.
I forgot to add you might have an increase in your premium to boot!!!!!!! We did not Travellers is one of the few in my state who do not consider a no fault accident when determining your premium, I found this out at the scene of the second accident from the cop who had State Farm and he had been hit by a noninsured driver. He was a resident in the county next to mine and his premium went up even though it was not his fault, UGH.

 

[MaumeeMom]

I was in a wreck almost 20 years ago with an uninsured driver. This kid was a foreign-exchange student at the local college. He had been in the country for less than a week and had paid cash for a band spanking new CORVETTE two days before the accident. He didn't have insurance or a license. He fled to another state and another school right after the accident.

I was lucky to have uninsured coverage but my insurance company was a hassle to deal with and I ended up getting a lawyer and suing the insurance company (basically suing myself because I was the covered party). Now I am not a lawsuit crazy person - this was the only time I was ever in court. I won and the insurance company finally paid the doctors bills and what they thought my little car was worth. I still have problems related to the accident but there is nothing that I can do because I reached the cap on the payout. That is why the insurance company tried messing with me - they knew that they could only lose so much money and they were not going to chase this guy to another state to get the money back. By the time I realized that the insurance company was not going to pay for everything, it was almost two years later and the kid had gone back home.

OP, I hope that your insurance company handles the accidents better. If you are not satisfied with what they do, I would consult with a lawyer but only after giving them a chance to make things right.

Good luck!

 

[tomthebarncat]

Where driving is a privilege not a right!! if the police where called here and it was discovered no license, no insurance, etc off to jail you go!! in handcuffs and usually accompanied by a very big German Shepard police dog!! I love my life in Germany. I did have a military person, hit my car on base, lie about it, her kid rats her out to me, as I am calling the military police, she tries to leave. I told her husbands commander, they needed to cover my 500 euro deductible and all costs associated with my car being repaired by the dealer. He agreed and the soldier had to take out a loan to cover the deductible, as I gave him 24 hours or I would persue legal action thru the german courts. Turns out wife has a history of poor driving skills and this could be the case that gets her license taken away. Too bad, I could care less!! was my response to her husband. I ran into the commander on base a while ago, and stopped to say hello. He told me that they had to send the wife back to the states as she was becoming a liability to the command. I congratulated him on doing the right thing, once again, I don't care that the family was split up! None of this would have happened if she would have just admitted to me that she hit my car and exchanged information. The point is that there could be consequences to the uninsured drivers but they are dependent upon laws, etc. this is would be too stressful for me to even think about, I would get nervous every time I got behind the wheel. Oh well, it just doesn't seem to be such a big problem where I live!! This got so ugly because they had very limited insurance from the states that did not meet the German requirements and would not pay for a completely new bumper from the Mercedes dealer. My insurance would cover the rest of the cost (3,000 euros) after I paid my deductable! they suggested that I pursue legal action after the claim was essentially denied. I did not hit my own car and it is time for some personal accountability!Evidently they dropped most of their policy after they registered their car on base!! it almost cost this young soldier his military career!!

 

[barkley]

This is what I like about CA, they don't mess around. Get in an accident without insurance or without a valid DL and they impound the car. Wish more states would jump on this bandwagon.

you don't even have to get into an accident up here in washington. you get pulled over for any reason and if you can't show you have proof of current valid insurance to the officer it's impound time-and when they say 'current' they mean CURRENT. anytime we make even a minor change to our auto insurance it triggers the company to issue new insurance cards with the valid dates so we have to pull out the old cards and put in the new ones.

we recently traveled to california and dh could'nt figure out why i was photocopying our insurance cards-i reminded him that when we rented a car in california we needed to have proof of insurance or risk impounding and violations-and because we were leaving our personal car at the airport we needed to make sure we had proof in it (for the drive to and from home). no way i was going to take the chance that if we lost our insurance cards during the trip we were going to end up stranded at the airport.

 

[tomthebarncat]

you don't even have to get into an accident up here in washington. you get pulled over for any reason and if you can't show you have proof of current valid insurance to the officer it's impound time-and when they say 'current' they mean CURRENT. anytime we make even a minor change to our auto insurance it triggers the company to issue new insurance cards with the valid dates so we have to pull out the old cards and put in the new ones.

we recently traveled to california and dh could'nt figure out why i was photocopying our insurance cards-i reminded him that when we rented a car in california we needed to have proof of insurance or risk impounding and violations-and because we were leaving our personal car at the airport we needed to make sure we had proof in it (for the drive to and from home). no way i was going to take the chance that if we lost our insurance cards during the trip we were going to end up stranded at the airport.

Barkely once again you are on top of things!! this is excellent advice as the Germans also do not need a reason to pull you over, your car on the road is reason enough!!

 

[DVC-Don]

You can take the other driver to small claims for your deductable.

 

[barkley]

i just remembered-once we got our car door slammed by another car owner in a parking lot. he starts going on about how he does'nt have insurance (boo hoo story about how he can't afford it). i knew that the police would'nt respond because it was a private parking lot so i thought fast and told the guy "oh don't worry-that's why i have uninsured motorist coverage, all my insurance company has to do is verify you don't have insurance and they will pay the claim'. the guy was MORE than willing to give me his driver's license info-and then to 'make sure' they could get ahold of him i had him write everything down (had him write so it would be in his own handwriting) his name, address, phone and cell number, dl #, lic. plate #.

SCORE-insurance company went after him and when he alleged he had'nt been the person/was'nt his car involved...the insurance company had him handwrite out a statement which they then showed him side by side with the scrap of paper he had written out for me. the writing matched and he could provide no explanation for why he would have personaly written out the information for me if the accident had'nt occured.