Rear ended by uninsured driver :(
11-09-2010, 02:10 PM
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Hey Guys,
Just wondering somebody here has had an experience with something like this...
About two weeks ago my wife and 1 year old daughter were stopping for a yellow light and some woman rear ended them. We are not sure about the speed but probably not too fast. Nobody was seriously hurt!
The cops came, did an exchange of information worksheet and gave one to my wife. I think they ticketed the woman. The woman appeared to have valid insurance. My wife's car (Nissan Armada) has about $1300 in damage. The woman's Hyundai looked pretty much totaled. I filed a claim with my insurance company. They are taking care of repairing my wife's vehicle, medical expenses, rental car, etc. My insurance company told me that they were going to verify the woman's insurance and then go after her to get paid back. Then yesterday I found out from my insurance that the woman was not covered at the time of the accident. So now I have to use my uninsured motorist policy.
The bad news is that now I have to pay a deductible ($250).
Pretty much out of principal I want to sue the uninsured woman for my deductible, my wife's time missed from work and for my wife's pain and suffering. She has been to the doctor twice now and still has back pains. She is on medication but it is not helping yet. We are hoping it clears up soon.
Is this worth it or should I let it go?
Can I do this in small claims court?
Is it better to get an attorney?
Also, what about resale on my vehicle? Is that something I can sue the woman for or is that something I can take up with my insurance company? I imagine there will be a record of the accident on any future CarFax report, thus lowering the value of my vehicle.
Any advice is greatly appreciated guys.
Bob
Just wondering somebody here has had an experience with something like this...
About two weeks ago my wife and 1 year old daughter were stopping for a yellow light and some woman rear ended them. We are not sure about the speed but probably not too fast. Nobody was seriously hurt!
The cops came, did an exchange of information worksheet and gave one to my wife. I think they ticketed the woman. The woman appeared to have valid insurance. My wife's car (Nissan Armada) has about $1300 in damage. The woman's Hyundai looked pretty much totaled. I filed a claim with my insurance company. They are taking care of repairing my wife's vehicle, medical expenses, rental car, etc. My insurance company told me that they were going to verify the woman's insurance and then go after her to get paid back. Then yesterday I found out from my insurance that the woman was not covered at the time of the accident. So now I have to use my uninsured motorist policy.
The bad news is that now I have to pay a deductible ($250).
Pretty much out of principal I want to sue the uninsured woman for my deductible, my wife's time missed from work and for my wife's pain and suffering. She has been to the doctor twice now and still has back pains. She is on medication but it is not helping yet. We are hoping it clears up soon.
Is this worth it or should I let it go?
Can I do this in small claims court?
Is it better to get an attorney?
Also, what about resale on my vehicle? Is that something I can sue the woman for or is that something I can take up with my insurance company? I imagine there will be a record of the accident on any future CarFax report, thus lowering the value of my vehicle.
Any advice is greatly appreciated guys.
Bob
11-09-2010, 05:36 PM
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I don't mean to sound like one of those pathetic law firm commercials - but if your wife was injured as a result of the accident and isn't getting any better, CALL A LAWYER.
Not only is the other driver liable for damage and medical costs, but driving without insurance may also be a criminal offense too. I'd show no mercy at this point. Hope everything works out.
Not only is the other driver liable for damage and medical costs, but driving without insurance may also be a criminal offense too. I'd show no mercy at this point. Hope everything works out.
11-09-2010, 05:49 PM
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You're not likely to get blood out of a stone ... if the damages are within the limits of small claims in your state I'd go that way. The filing fees are nominal and based on the circumstances you'd not require a rocket scientist to sort out the claim. And no lawyers are required. Did the police intend to charge the driver with a violation - in most states driving w/o insurance is a motor vehicle violation. That'd probably seal your small claims case.
11-09-2010, 05:53 PM
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You're not likely to get blood out of a stone ... if the damages are within the limits of small claims in your state I'd go that way. The filing fees are nominal and based on the circumstances you'd not require a rocket scientist to sort out the claim. And no lawyers are required. Did the police intend to charge the driver with a violation - in most states driving w/o insurance is a motor vehicle violation. That'd probably seal your small claims case.
They police did not cite the woman at the scene. She had an insurance card that appeared legit. I later found out from my insurance that she was in fact uninsured. Maybe she got the insurance card and stopped paying her premiums or maybe it was a fake card? I don't really know.
Now that I know she was uninsured do I need to let the police know? It is illegal to be driving around without insurance (not to mention incredibly irresponsible).
Bob
11-09-2010, 06:25 PM
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Hey thanks for the reply.
They police did not cite the woman at the scene. She had an insurance card that appeared legit. I later found out from my insurance that she was in fact uninsured. Maybe she got the insurance card and stopped paying her premiums or maybe it was a fake card? I don't really know.
Now that I know she was uninsured do I need to let the police know? It is illegal to be driving around without insurance (not to mention incredibly irresponsible).
Bob
They police did not cite the woman at the scene. She had an insurance card that appeared legit. I later found out from my insurance that she was in fact uninsured. Maybe she got the insurance card and stopped paying her premiums or maybe it was a fake card? I don't really know.
Now that I know she was uninsured do I need to let the police know? It is illegal to be driving around without insurance (not to mention incredibly irresponsible).
Bob
11-09-2010, 06:29 PM
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If she had valid insurance I would not have to pay the deductible. But since she is completely uninsured, I have to use my uninsured motorist policy which carries a $250 deductible.
Sucks.
11-09-2010, 06:34 PM
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I don't mean to sound like one of those pathetic law firm commercials - but if your wife was injured as a result of the accident and isn't getting any better, CALL A LAWYER.
Not only is the other driver liable for damage and medical costs, but driving without insurance may also be a criminal offense too. I'd show no mercy at this point. Hope everything works out.
Not only is the other driver liable for damage and medical costs, but driving without insurance may also be a criminal offense too. I'd show no mercy at this point. Hope everything works out.
11-10-2010, 09:39 AM
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Maybe someone can correct me if I am wrong. If she has no insurance, then the person that the car is registered to is responsible, no?
If I recall correctly, this is why the law states you have to transfer the registration, and title within a few days.
If I recall correctly, this is why the law states you have to transfer the registration, and title within a few days.
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