Car accident with an uninsured/unlicensed motorist

**BryceC** · 05-08-2011, 05:16 PM

Question for anybody out there who has been through something similar - I got hit on the interstate (everybody is fine) while driving down to KC to watch the Royals on Friday. Turns out the other driver was uninsured and unlicensed. The state troopers slapped the bracelets on him right on the side of the highway and took him straight to jail.

I'm guessing because of the circumstances (Too long to get into) the accident will be 100% his fault. Our insurance company is great and will take care of everything as we had full coverage but they also mentioned something about going after the guy for our deductible.

Seems like a waste of time to me as I doubt the guy has any money or ability to pay. Would that be something the insurance company will do for us? Is there anything else I should keep an eye out for during the process?

**CYdTracked** · 05-08-2011, 05:24 PM

Getting hit by an uninsured motorist sucks. Had that happen to me and it took about 2 years for Progressive to get my deductible back since they had to take the girl to court since she stopped paying on the agreement she settled on. Even worse I only got 66% of my $500 deductible back since they were unable to recover the full amount of damage she did.

Plus you can only get whatever your policy covers so if you don't have rental on your policy you can't go after rental expenses like you could have gone after if the driver was insured. Your insurance company will likely want to do the repairs on the cheap too since this is going to cost them money to handle not the other drivers company since they don't have one. If it's just minor body damage there isn't much they can try to go cheap on but in my case I got T-boned on the driver side when the girl ran a light that had been red a good 5 seconds or more. They used a "certified used" door and rim that were damaged instead of brand new.

**Cy4Patriots** · 05-08-2011, 05:29 PM

I had this exact thing happen, my insurance covered it in full, but had to pay the deductible of course. The ticket was issued to the other party involved. The insurance contacted me and I explained the situation. I contacted the cops and told them I wanted to get my deductible money. The guy had no job and little to no money, but insisted the police to charge him with everything they could because he wasn't going to pay me my 250 I needed. In the end, I agreed to allow him to plead down a charge in order to get my 250 right away. Then my insurance company went after him for the money they had to pay, I believe it was like 1500. I never found out if they got any more money out of them or not. But, the end result was I got my 250 and my rates didn't go up. Communication between all involved people is key. Hope this helps.

**cyhawkdmb** · 05-08-2011, 05:29 PM

In my instance the Insurance company took care of it you could say... The accident I was in happened in Dec of 08. And I just called my insurance company a couple of months ago to check and see if they ever got any money from the uninsured motorist... They didnt and closed the case... Basically they will try to call them and send some letters and if they dont respond they quite and close the case....

Also you wont get the deductible back until the insurance company gets the full amount... If you had a $500 deduct and the insurance company gets $490 from the UI Motorist you wont see anything....

**Cy4Patriots** · 05-08-2011, 05:32 PM

Originally Posted by CYdTracked

Getting hit by an uninsured motorist sucks. Had that happen to me and it took about 2 years for Progressive to get my deductible back since they had to take the girl to court since she stopped paying on the agreement she settled on. Even worse I only got 66% of my $500 deductible back since they were unable to recover the full amount of damage she did.

Plus you can only get whatever your policy covers so if you don't have rental on your policy you can't go after rental expenses like you could have gone after if the driver was insured. Your insurance company will likely want to do the repairs on the cheap too since this is going to cost them money to handle not the other drivers company since they don't have one. If it's just minor body damage there isn't much they can try to go cheap on but in my case I got T-boned on the driver side when the girl ran a light that had been red a good 5 seconds or more. They used a "certified used" door and rim that were damaged instead of brand new.

Thats weird. I pay insurance for a reason and when I get in to an accident that isn't my fault I want things replaced that are brand new. I have had many friends on Progressive and they have all switched. I always go local when selecting car insurance. I have always had new parts and OEM replacements.

**Cy4Patriots** · 05-08-2011, 05:36 PM

Originally Posted by cyhawkdmb

In my instance the Insurance company took care of it you could say... The accident I was in happened in Dec of 08. And I just called my insurance company a couple of months ago to check and see if they ever got any money from the uninsured motorist... They didnt and closed the case... Basically they will try to call them and send some letters and if they dont respond they quite and close the case....

Also you wont get the deductible back until the insurance company gets the full amount... If you had a $500 deduct and the insurance company gets $490 from the UI Motorist you wont see anything....

I made sure I went and got the deductible back first. So, they guy was hit with like 4 charges (uninsured, DUS, Speeding, Seatbelt). Well, he agreed to pay the deductible now if he could reduce the severity of those charges. The cops agreed and I received my deductible. Seems weird right, but they did it.

**cyhawkdmb** · 05-08-2011, 05:41 PM

Originally Posted by Cy4Patriots

I made sure I went and got the deductible back first. So, they guy was hit with like 4 charges (uninsured, DUS, Speeding, Seatbelt). Well, he agreed to pay the deductible now if he could reduce the severity of those charges. The cops agreed and I received my deductible. Seems weird right, but they did it.

thats cool for you... I never even followed up with charges or anything.... Because the lady that hit me was going to fight it... Did like $12000 physical damage and $5000 Medical to everyone in my vehicle... I just told the 2 passengers to go to the hospital, as did I... I had a broken wrist out of the deal...

I hope to never be in that position again but It seems like more and more people are driving on suspended licenses and without insurance... But if I am I will follow up like you did...

**Cy4Patriots** · 05-08-2011, 06:00 PM

Originally Posted by cyhawkdmb

thats cool for you... I never even followed up with charges or anything.... Because the lady that hit me was going to fight it... Did like $12000 physical damage and $5000 Medical to everyone in my vehicle... I just told the 2 passengers to go to the hospital, as did I... I had a broken wrist out of the deal...

I hope to never be in that position again but It seems like more and more people are driving on suspended licenses and without insurance... But if I am I will follow up like you did...

Wow, yea no injuries for me. 12,000 damage must have totaled the car.

**cyhawkdmb** · 05-08-2011, 06:03 PM

Originally Posted by Cy4Patriots

Wow, yea no injuries for me. 12,000 damage must have totaled the car.

you would of thought.... but there was no frame damage so they fixed it.... they had it in the shop for almost 3 weeks.... I traded it 3 months later...

**Cy4Patriots** · 05-08-2011, 06:06 PM

Originally Posted by cyhawkdmb

you would of thought.... but there was no frame damage so they fixed it.... they had it in the shop for almost 3 weeks.... I traded it 3 months later...

Did the air bags go out? I always heard that if the air bags deployed it was almost totaled? Maybe in an older car that wasn't worth anything thats the rule.

**cyhawkdmb** · 05-08-2011, 06:51 PM

Originally Posted by Cy4Patriots

Did the air bags go out? I always heard that if the air bags deployed it was almost totaled? Maybe in an older car that wasn't worth anything thats the rule.

another reason I traded it off.. it was a 05 dodge quad cab with pretty much a head on collision and the air bags didnt go off....

**BryceC** · 05-08-2011, 06:53 PM

I spoke to a claims adjuster friend of mine who told me the damage would be 10k but they probably wouldn't total it because the frame was not compromised. Thanks for the tip Cy, I will be contacting the police department now.

**dswagclone** · 05-08-2011, 07:24 PM

Originally Posted by BryceC

I spoke to a claims adjuster friend of mine who told me the damage would be 10k but they probably wouldn't total it because the frame was not compromised. Thanks for the tip Cy, I will be contacting the police department now.

I am an insurance defense lawyer. Your questions have essentially been answered already. Depending on which carrier you have, some are much more subrogation-happy, they will sue the other driver. If they recover any of what they paid out on your claim, they will reimburse you your deductible. Not sure about Kansas/Missouri law, but here in Iowa, the fact you have a deductible out-of-pocket cost makes you the real party in interest in the lawsuit. Meaning you are the named Plaintiff, not your carrier. Meaning, it will be (your name), Plaintiff v. (name of deadbeat). Just be prepared for that.

**CLONECRAZY** · 05-08-2011, 07:26 PM

If you have uninsured coverage on your vehicle w/ high enough limits your insurance co should take care of everything for you. You should not have to contact the police and do any leg work. That's why you pay a premium and they should handle. Repairs/total loss should be handled in the same way. You should be satisfied w/ all that happens as you are the customer and deserve the respect of having your vehicle repaired to your satisfaction.

Regarding your deductible it could take awhile. The insurance co should pursue this person w/ vigor. Any amount paid out by them including your deductible should be pursued. This person broke the law and they need to pay for all damages.

I am an agent and have dealt w/ this far too often. I just returned a customers $500 deductible 2 months ago for an accident that happened almost 5 yrs ago. Be patient for your deductible, but if the co is not responding to all your needs I would shop around. You did nothing wrong and need this handled w/ a sense of urgency.

Good luck, glad no one was injured.

**dabears32** · 05-08-2011, 08:09 PM

Off topic question:

Lets say I do not have a car, so I do not have insurance. I drive my friends/neighbors/parents car to run an errand for them and then get rear ended. Can I be charged with driving without insurance and will there car be covered. Would it be a different situation if I ran into the other car?