what to do if in a car accident and the driver at fault doesn't have auto insurance?
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DZ302
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- May 9, 2015
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Did you get the police to the accident site immediately to fully document the accident and lack of insurance etc by the other party ? If not, you screwed up and it's basically over before it started. If so, then you may have half a chance to recover a portion of your loss. Uninsured motorists are an easy target if dealt with correctly.
Dmb5450
New member
- Aug 13, 2014
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I agree with the police should be called no matter what.
I have Erie insurance, I believe your insurance should have similar coverage. Uninsured/underinsured bodily injury and motorist properly damage. I also have full tort coverage, my insurance agent said having this option allows me to sue to damages for pain and suffering. I believe I would have great pain and suffering if the other driver didn't have insurance and had the audacity to be in the road and then hit my car.
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I have Erie insurance, I believe your insurance should have similar coverage. Uninsured/underinsured bodily injury and motorist properly damage. I also have full tort coverage, my insurance agent said having this option allows me to sue to damages for pain and suffering. I believe I would have great pain and suffering if the other driver didn't have insurance and had the audacity to be in the road and then hit my car.
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TTQ B4U
Well-known member
- Jan 20, 2016
- 5,504
- 70
It's California, they will likely just let him go and blame you for a micro aggression if you take it further 
In all seriousness, your insurance company will handle things going forward. You will likely incur the claim but they will likely go after him or guide you on how to do so. Talk with your agent and see what he/she says.
In all seriousness, your insurance company will handle things going forward. You will likely incur the claim but they will likely go after him or guide you on how to do so. Talk with your agent and see what he/she says.
Justin at Final Inspection
Active member
- Feb 19, 2014
- 2,627
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You should have uninsured motorist coverage for such an incident. But like others have stated make sure the police are called to the site from the get go.
davidc
New member
- May 6, 2007
- 1,499
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Another sad story. You have to pay because some one else doesn't. Sounds like Obama care. I had that same scenario happen in Arizona, called the police, my insurance (State Farm) fixed my truck.
Dave
Audios S6
Active member
- Oct 12, 2011
- 1,634
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Having the police on the scene is an absolute must. Beyond that, it will go through your insurance. You will pay your deductible and then the insurance company will go after the at fault party, most insurance companies call this process subrogation. If the insurance company reclaims any monies, you will get your deductible back. I've had one situation where insurance didn't reclaim any money, but gave me back my deductible anyway as they got a judgement against the other party.
I've gotten to a point where I don't even deal with the other party's insurance. I get their info and run it through my insurance and get my deductible back in the end. It's far easier dealing with my insurance as they have no interest in shorting me or trying to take 'betterments' on the work.
I've gotten to a point where I don't even deal with the other party's insurance. I get their info and run it through my insurance and get my deductible back in the end. It's far easier dealing with my insurance as they have no interest in shorting me or trying to take 'betterments' on the work.
dcjredline
New member
- Mar 26, 2012
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I would suggest that you have paid your insurance AND agent for how ever long you have had insurance and now you should be seeking advice from the people you have paid HUNDREDS of dollars to. They should be the experts on this and I cant get the point across enough that YOU PAY THEM to cover you so they should have some skin in this game. THEY OWE YOU NOW cause you did your part.
We pay high premiums so insurance companies can make record profits every year
DetailKitty
Well-known member
- Jul 17, 2013
- 5,068
- 67
What dcjredline said....
1. POLICE REPORT!
2. Contact your insurance co. It's their job to collect monies and get the vehicle fixed. That's what they are paid to do.
1. POLICE REPORT!
2. Contact your insurance co. It's their job to collect monies and get the vehicle fixed. That's what they are paid to do.
As mentioned, a police report should be filed. If there was, and the police do their job correctly, the person is issued a citation and needs to show up in court. A judge will then usually require that they show proof of insurance and that they satisfy your loss (which most likely won't happen). If you have collision coverage, file under your own policy, be subject to your deductible and if your carrier ever gets any money, they can refund your deductible.
No, the reason why MI premiums are so high is because you have true no fault laws... even for property damage. The only thing you can collect from an at fault driver is your deductible. You need to pay for your own coverage to repair your vehicle even if the other person is at fault. Also, your Personal Injury Protection coverage is capped at something like a million dollars. Basically, your own auto insurance becomes health insurance if you are injured in an accident.
Wow.. you managed to work a dig in on Obamacare when it does not even fit and you are also 100% incorrect on it's application in this situation.
briarpatch
Active member
- Sep 9, 2015
- 2,179
- 0
Unsure about the CA rules, but here in the Peoples Republik of New Jersey, you can carry UM (uninsured motorist) coverage, which takes care of this type of loss. Typically, the deductible (and the coverage) is less than your collision. Getting your deductible back, however, is the job of your insurance company, which becomes a longer process in the event that the other driver is not insured. I had a situation like this a few years back, and used my UM coverage. The person who caused the accident, however, was uninsured, unemployed and otherwise uncooperative when it came to things like court dates, restitution and the like. The money I was out for my deductible, and the defendant, both disappeared like a fart in the wind.
2pennies
New member
- May 18, 2016
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Sorry to hear the bad news boss. Won't reiterate what some of the other folks have said. 2 Months ago, a young guy on a motorcycle was doing a wheelie down my girlfriend's street and totaled his bike against the entire driver's side of my car. He had no insurance. Cops came, took a report, made me pay for the report and informed me if I wanted it fixed, file a claim with my insurance.
I do believe there needs to be some legislation in place that holds a debt against the license of a person who causes damage to another's vehicle/property while uninsured. Folks shouldn't have to come out of pocket to pay for that.
I do believe there needs to be some legislation in place that holds a debt against the license of a person who causes damage to another's vehicle/property while uninsured. Folks shouldn't have to come out of pocket to pay for that.
briarpatch
Active member
- Sep 9, 2015
- 2,179
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Your insurance company will go after him for what they paid out + your deductible. More often than not, the guilty party chooses not to respond to them. Depending on the amount of damages, they may actually take the person to court, and place a lien on their wages. You would also have the option of civil court to recover your deductible, but the probability of success is fairly low
There is... to a degree. States should suspend the person's drivers license until they show proof that they have paid for the loss. Sometime the police don't do their job so it never gets reported in such a way that this happens. But also, many people don't care if they drive without a license. You can't get blood from a stone.
But this is why people have insurance... to protect themselves. Yes its still the same thing as the other person not being responsible and we end up paying for it but it's not a perfect world. Someone hit me about a year ago without any insurance. Her drivers license status was "denied" (I'm guessing that is pretty bad). My insurance paid for my loss and I went to court and obtained a default for my out of pocket expenses (her traffic court... which she did not show up at). I'm just thankful that I'm in a position that my premium and deductible does not affect me too much.
Edit: also, many states have a system set up where a person can seek reimbursement from a pool of money for their deductible when someone else causes them the loss and does not pay. it comes from fines and what not.
custmsprty
New member
- Apr 11, 2012
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I've been rear ended three times by unisured motorists down here in Florida. First and foremost before you do anything else as long as you are not hurt is get your cell phone out and get a picture of their liscense plate. I had one hit and run and had I not done that I would have been sol. Second is call the police and if anyone asks you if you are okay and if you don't have any physical bodliy harm, say I'm not sure. Don't say you are fine. I have chronic neck pain and degenerative arthritis and it's all due to the accidents and I'm out luck.
And as far as the post right above, people who don't have insurance many times are driving on suspended liscences any way and really don't care. In Florida you have to show proof of insurance, they do that then stop paying their insurance.
And as far as the post right above, people who don't have insurance many times are driving on suspended liscences any way and really don't care. In Florida you have to show proof of insurance, they do that then stop paying their insurance.