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Ryan
11-19-2007, 09:52 AM
Rant:

In addition to my recent job stress/re-org, our Armada was backed into last night while my wife was doing some church work by an un-insured driver. She was parked on the street in a residential neighborhood. This is the third uninsured driver she's been hit by in her life, but always ran it through her own insurance.

So this lady was having a fight with her ex or soon to be ex-husband and backs out of the driveway in a huff, suposedly the car stalls and she rolled into our car. She wrote some info on a piece of paper and gave it to her ex and said take care of this, I can't deal with this right now. She hit the driver's side passenger door. I suppose luckily, the damage was limited to that door and it still opens and closes, but it's a mess. I still don't understand why she couldn't think straight enough to apply the brakes even if she did stall.

Ok, so I've got to give her some respect for leaving her info. Especially since she was fully aware that she'd get her license suspended for 90 days for getting caught without insurance in OH. I have some sympathy for her situation. She'll won't be able to drive ...legally through the holidays, and with everything bad in her life this is the last thing she needed.

However, her ex, a former cop had warned her for months that she needed insurance. She knew full well the penalties and chose to save what I'm guessing as $150 a year to insure her not-so-new car.

In spite of my sympathy, she is/was putting herself and others at all sorts of risks by driving uninsured. We filed a police report knowing that she can too easily get out of remuneration, and our insurance will surely want it. Ex says she won't have the $. I don't know if it's worth small claims vs our $500 deductible and potential bump in premium. That $500 was what I'd budgeted for Christmas gifts. It's just inconvenient and anyoing as all get out.

Anyone dealt with seeking payment from the uninsured before?

bcampbe7
11-19-2007, 10:00 AM
Dang the luck Ryan!

Tennessee just recently (a couple years ago) passed a law that all drivers are required to have insurance. You know that there are still a lot of individuals who try to play roulette and drive without it though. Sucks for us law abiding drivers.

I have not had to deal with trying to get money from an uninsured motorist. A deer ran into the side of my wife's car a few years ago if that counts. The deer had no insurance but did pay the ultimate price for his carelessness.

Is the damage going to be more than your deductible? A lot of times your ca just get a new door skin and have it put on. Check this website if you go that route:

www.car-parts.com

BrianM
11-19-2007, 10:05 AM
That sucks. I imagine that it is going to be at least $1000 to repair. Seems like nowdays any body damage with paint on a new vehicle costs $1000 at a minimum. As much as it sucks I would just put in the insurance claim and let them deal with it. Last thing you want to deal with during the holidays is trying to squeeze some lowlife for the money. Claim it, get it fixed and move on.

ttu
11-19-2007, 10:09 AM
monty and i see this everyday (being insurance agents)

few years ago while going to a parking lot a "piece of crap" vehicle backed into my passenger front door. grabbed my insurance id card and approached the driver of the other car and asked for his insuance card. he played in the glove box for about 5 minutes and then i finally asked him if he had insurance. NO.

for some unknown reason he wanted to see my id card. i showed it to him and then asked him to read who the agent was. of course i was the insured and agent. he about crapped.

needless to say, never go a penny out of him.:mad:

good luck ryan

milkmania
11-19-2007, 10:41 AM
I hate the holidays:mad:

puck_11
11-19-2007, 10:46 AM
Rant:

I still don't understand why she couldn't think straight enough to apply the brakes even if she did stall.

Ok, so I've got to give her some respect for leaving her info. Especially since she was fully aware that she'd get her license suspended for 90 days for getting caught without insurance in OH. I have some sympathy for her situation. She'll won't be able to drive ...legally through the holidays, and with everything bad in her life this is the last thing she needed.

Anyone dealt with seeking payment from the uninsured before?

Haha, she probably wasn't fully aware of the full consequences of leaving her information, because as you said, she wasn't thinking straight. She may have thought that you would just go through her for the money. Don't do that! File a police report, you may be thinking that you might be screwing her, but you'll screw yourself in the end. Getting money out of non insured people is next to impossible. These questions pop up on forums all of the time, bum neighbor hit my car, caused a little bit of damage, promised to pay, and then six months later still nothing.

I was rear ended by a guy who had no insurance, who luckily was rear ended by another lady who hit him into me again. The first thing out of his mouth, was "luckily I stopped and didn't hit you until she hit me." Weird thing I felt two distinct impacts! The ladies insurance company ended up covering the replacement of my bumper.

bigmac
11-19-2007, 10:50 AM
Anyone dealt with seeking payment from the uninsured before?Yup. Went to small claims court, the other driver didn't show, judge found for me. The other driver didn't appeal so liable by default. Since he hadn't proven appropriate financial responsibility according to state law, his driver's license was suspended. He was notified of that by registered letter, but I still never heard anything from him until after he was stopped for speeding and they got him for driving with a suspended license. Big fine unless I released him from what he owed me according to small claims court, so then I started getting phone calls from him. Many phone calls. I wouldn't relent until he paid me. The call covered the range from pleading to outright threats. I was on the verge of getting a restraining order when he paid me. Never heard from him again.

Monte
11-19-2007, 11:08 AM
Ryan, Your premium shoud not be affected. Your wife was not at fault. If it does jump I would have a come to Jesus talk with my agent. My advice would be to file the claim under your UM/UIM. As for the ded. NC seeks against damage caused by uninsured motorist by suspending the DL until all money has been paid. Since she was honest enough to leave you her info she may be willing to work with you on some kind of payment basis.. The ins co. is def. going to get the money out of her. You should be able to do the same. Good luck with it. Small claims cout may be your only option if she refuses, then at least the courts can set it up in a legal way.

uawaterskier
11-19-2007, 12:18 PM
it happened to me not to long ago, i still havent gotten my truck fixed, and probably never will. Its me in the long run to go through insurance. Its really not fair that all of the law following individuals get screwed and the rule breakers get a slap on the wrist. But such is life.

Maristar210
11-19-2007, 12:25 PM
Ryan,

I am fairly certain Phecksel has has this very thing happen to him but He's in Michigan so your laws may vary slightly. IIRC Phecksel sued and won the deductible from the uninsured person. PM him or maybe he'll chime in here.

TMCNo1
11-19-2007, 12:45 PM
Since this happened on a public street, shouldn't she be charged with "Hit And Run/Leaving The Scene Of A Accident" by the police. I'm sorry for her relationship problems and her financinal situation, but people have got to start taking responsibility for their actions somewhere in life for their actions. Just go after her one way or the other to get your vehicle fixed.