Going after a non insured motorist....

[Blown408 86GT]

I was recently involved in a traffic accident in my 98 Escort ZX2 (which is definately totalled). The other party is at fault (cited failure to yield). However, he is not the owner of the vehicle. He also did not have proof of insurance (cited for that as well) nor did the vehicle itself. He claimed the vehicle belonged to his buddy. I was informed the owner of the car is who the insurance claim would be filed against.

Here is where the story go awry. I did not have full coverage on my car since I only paid $2k for it. When I orginally requested for a policy on my car, I denied the uninsured medical clause since I am in the military and receive full medical. Unbenknownist to me, the insurance company (Allstate) did not give me uninsured motorists either since I denied unisured motorist. So in essence, I refused both, even though I was never made aware of this fact.

Now, I am not able to get ahold of the owner or the driver since both numbers for the driver or owner on the accident report do not work. My insurance company has not heard anything yet (the accident happened almost 3 weeks ago). The only thing I have to go on is the owners name and address. What should I do besides driving over and whipping the crap out this guy? Is there any way to obtain a valid number for the owner? Sue?

 

[mav_tu]

Are the driver's and owner's name and date of birth on the crash report? If so, that should be all that you need to begin filing suit. The insurance company, I am assuming, has a copy of the report also. They should be able to take the appropriate legal action possible just by having their name's and DOB's. Really you shouldn't have to do anything. If it does come down to a law suit, Allstate should provide you with an attorney.

 

[crizzut]

similar question, my little brother was involved in an accident, the police report states it was the other drivers fault, my brothers car is totalled, and he has a broken nose which will need to be reset and fixed by a plastic surgeon. The other driver was not insured, and the owner did not have full coverage. Will he be stuck paying for everything? what legal action can he take?

 

[mav_tu]

similar question, my little brother was involved in an accident, the police report states it was the other drivers fault, my brothers car is totalled, and he has a broken nose which will need to be reset and fixed by a plastic surgeon. The other driver was not insured, and the owner did not have full coverage. Will he be stuck paying for everything? what legal action can he take?

Does your brother not have medical coverage on his policy? I thought that came standard... :shrug: Not being familiar with CA law, I could only speculate that if your brother's insurance will not cover him, and the other party involved was uninsured, your brothers only recourse is to file suit against the other driver. :bash:

However, try contacting "Mswaim." He is a CA LEO, and may be able to give you better direction as far as the insurance requirements in CA.

 

[oldmodman]

Since the odd are good that both the driver and owner are broke, worthless, sons of bitches, you will never see a penny. You can win a civil lawsuit but if they don't work you can't even attach their wages. Perhaps you can remove and sell their organs. At least then there wouldn't be a "next person" in the same boat you are in.
Oh, and by the way. If your state will recind their drivers licenses for not having insurance they will probably drive anyway.
That's what the uninsured, unlicensed, unregistered person that hit me was doing. And she had to pick the day that I wasn't packing :mj:

 

[crizzut]

he has medical insurance, but it doesn't cover cosmetic surgery. I want to find a way to somehow sue his insurance provider, but don't know if it's possible.

 

[Lawfficer]

Civil Suit. You get your insurance company to go after them. You pay them as part of your coverage, to do this sort of thing. If you want damages in excess of medical bills car cost, you have to get another attorney.

 

[mav_tu]

he has medical insurance, but it doesn't cover cosmetic surgery. I want to find a way to somehow sue his insurance provider, but don't know if it's possible.

These days, anything is possible... I can easily see your brother winning a case like that. But, you will need another attorney.

 

[crizzut]

when I say his "insurance provider" I mean the guy that caused the accident, is this possible to do?

 

[jshen]

Get a lawyer

You are in an uphill battle. Don't assume anything...ask your agent what they are going to do. Don't assume information on an accident report is accurate as the person at fault has every reason to lie..As was stated above...operating w/o insurance is a crime and punishable..including removal of his license and owner of the car as well.

I agree with above post "chances are" they may be penniless...but YOU can take them to small claims court by yourself or you can do the smart thing and get a lawyer to help you.

Point? A lot of variables here and you are entitled to answers from your insurance company...I know you know this now...never get coverage w/o uninsured motorist coverage....about 20% of all drivers in collisions do NOT have insurance.

Good Luck...

 

[Blown408 86GT]

Thanks for all the replies...

Another twist to this story is when I originally added my Escort to my policy, I did it over the phone....Never signing a thing pertaining to the Escort. The State of Louisiana states "A valid rejection (of unisured motorist coverage) must expressly set forth in writing and signed by the insured." There is a form provided to reject the uninsured motorist coverage...probably to prevent the same thing that happened to me. As I said, I didn't sign a thing!

Looks like I have my company (Allstate) by the b@lls on this one. Thank God for the internet!!!!!

According to the law, everyone in this state is automatically enrolled into uninsured motorist coverage unless specifically rejected in writing. The coverage is not less than bodily injury liability.

 

[mav_tu]

Thanks for all the replies...

Another twist to this story is when I originally added my Escort to my policy, I did it over the phone....Never signing a thing pertaining to the Escort. The State of Louisiana states "A valid rejection (of unisured motorist coverage) must expressly set forth in writing and signed by the insured." There is a form provided to reject the uninsured motorist coverage...probably to prevent the same thing that happened to me. As I said, I didn't sign a thing!

Looks like I have my company (Allstate) by the b@lls on this one. Thank God for the internet!!!!!

According to the law, everyone in this state is automatically enrolled into uninsured motorist coverage unless specifically rejected in writing. The coverage is not less than bodily injury liability.

Ha, classic... After you hit them with that, I bet their company policy will change.

 

[lowdrag]

Here's another solution to your situation should you not get anything done pursuing the driver. I just learned this from a fellow officer whose personal vehicle was totalled by an uninsured driver while he was driving to work. If you don't receive any compensation for the vehicle from insurance or the other driver you can write off the blue book value of it on your taxes. Just something to keep in mind during tax time if you don't have any other luck.