The other party was driving a family members car and did not have insurance or registeration in car. I obtained a poilice report with the owners insurance however, when I called my insurance company they said he never had a poicly with that insurance company. He provided another insurance and we found out he didn't have enough insurance for the car to be on the road. What do we do?
2006-09-22 03:48:04 · 14 answers · asked by brandala 1 in Cars & Transportation ➔ Insurance & Registration
Turn this information into your insurance agent. Your auto policy comes with uninsured/underinsured motorist rider unless you declined it. If you have collision/comprehensive then your car is covered under that area of your policy in any case (you'd just have to pay the deductible).
Your insurance company should take care of this problem for you provided that you have EITHER uninsure/underinsured or Collision. This is what you pay them money for in terms of premiums. If you don't have either of these then you'll have to fight this battle yourself.
First.. put a claim against any insurance company they provide. Then if this doesn't cover the full expense, go back to the driver of the vehicle (not the owner) and explain that unless full payment is made on the cost of the repairs, rentals and any other cost associated with this accident you will take the matter back to the police. What this means is that they will be charged with no insurance and providing false information to a police officer. You should also inform them that you will then proceed with a civil case in which they will be responsible for all associated court cost and attorney fees along with what they already owe for damages. They should also know that driving with out the required insurance coverage can result in them losing their DL along with the vehicle registrations being revoked and they will have to keep an SR-22 on file for the next 3 years which will greatly increase the cost of the insurance.
If this does not get results... then do just what you told them you would do. Update the police and file a civil lawsuit for damages.
Good luck and I hope this helps!
2006-09-22 04:00:07 · answer #1 · answered by wrkey 5 · 0⤊ 0⤋
Enough insurance for the car to be on the road? I'm not sure what that means, but let's see here.. I'm trying to sort this out. You got one insurance company name, and they had no record of insuring the person. So you finally got the right insurance company, but the limits of liability are less than the damages to your vehicle? What state are you in? Some have very low requirements for limits. Does the driver have his own insurance? If so, they add on and are secondary on this claim.
If what I'm assuming here is right, and if there's no secondary coverage,you should use your collision coverage with your insurance if you have it. They will pay for all of your damage and then go after the owner's insurance. They will probably accept the total limits as it is very difficult to recover from someone personally, and it takes a long time.
If you don't have collision coverage and the other company is offering you their limits and it's not enough to compensate you your choices are to sign the release and take the money, don't get the money, and file a suit against their insured for all of it and see what happens, or- well, that's pretty much it. Insurance companies will not pay more than the limit on the policy.
2006-09-22 10:12:40 · answer #2 · answered by Chris 5 · 0⤊ 0⤋
Apparently you do not live in a "no fault" auto insurance state (like Michigan). In a no fault state you file the claim with your insurance and it doesn't matter if the other motorist is insured or not. Now for the bad news. If not in a no fault state and you are not paying for an uninsured drivers rider, odds are no insurance has to pay you. But the driver, and the owner of the car are personally liable. Go and get 2 or 3 estimates from legitimate repair shops and then go and file a small claims court case. You ask the court for your repair costs, court filing fee and any rental fees while your car is being fixed (not allowed in some states, mandated in others). Shouldn't cost you much ($50 to $100 bucks) and you don't need a lawyer. Keep in mind you cannot sue in small claims to recover lawyer fees. Then if after you win, and if you take 3 estimates and a copy of the police report that shows she was ticketed and at fault, you will win, you can try and collect. Odds are that eventually you might have to go back and get a garnishment, but that is ok. These people need to learn that laws (driving without a license) are the law and they don't have the right to not follow them. Good luck
2016-03-27 02:24:56 · answer #3 · answered by Anonymous · 0⤊ 0⤋
1. As to your vehicle damage, your insurance company will pay, then go after the other guy for the money. They may even get your deductable back, but it is doubtful. Your rates won't go up if you were not at fault (more than likely)
2. In terms of injuries, if you have uninsured or underinsured motorist insurance, your insurance company will deal with that as if they were the insurance company for the other party. In other words, they will pay your medical bills and negotiate a pain and suffering settlement with you. I am assuming, of course, that the other person is at fault?
This situation is, unfortunately, pretty common. Good luck to you.
2006-09-22 18:22:08 · answer #4 · answered by Spork 3 · 0⤊ 0⤋
It seems as if the registered owner of the vehicle has insurance, just not enough to cover your loss. What will happen is they will send a Property Damage Release letter to you with a settlement amount. You can either take what they're offering and sign, which releases the company, registered owner, and driver of any liability beyond what is paid...or you can refuse and take the other party to court. Depending on the amount remaining, it honestly may not be worth it to have to duke it out in court and pay an attorney one-third of the total you receive.
----Uninsured Motorist, if you have this, does not cover this incident. The other party is insured, but not with enough coverage for the loss---uninsured and underinsured are not the same thing.
----Underinsured Motorist is for bodily injury only and unfortunately can't be used here, either.
----If you carry collision, your insurance will be able to pick up the difference less your collision deductible. Let me give you an example:
----Total damages to your car= $12,000
----At-fault insurance pays (assuming you have signed the PD Release, accepting funds)= $10,000
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Your balance currently= $2,000
Your collision coverage deductible= $500.00
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You pay---$500.00 total
Your insurance will not be able to recover the deductible for you because you signed a release of liability attesting you will not go after the other person for any more than has been paid. However, you fixed your car for $500.00
2006-09-22 05:39:47 · answer #5 · answered by Pieandchips 3 · 0⤊ 0⤋
get a lawyer and sue his parents , and the family member who owns the vehicle involved in the accident , do you have uninsured mortist coverage ?? your insurance company should step up to the plate and fix you car but you may have a large dedutible. This is one where you probally have to sue the cars owner . here in California you have a ''slam dunk '' case and are looking at some possibly decent sums of money here ........you sure your back dont hurt ?? (*lol) ..............good luck
2006-09-22 05:15:59 · answer #6 · answered by Anonymous · 0⤊ 0⤋
In this case, you need to file this claim on your insurance policy. You can file it under Uninsured Motorist, which pays if you're hit by someone with no insurance.
This SHOULD not make your insurance go up.
Good Luck!
2006-09-22 10:12:30 · answer #7 · answered by Nysa 3 · 0⤊ 0⤋
Tell the police. If he was driving without insurance he is committing an of fence. If the police cannot find his insurance details take legal advice and sue him.
2006-09-22 03:56:14 · answer #8 · answered by quatt47 7 · 0⤊ 0⤋
Leave it to the insurance company to sort it out
2006-09-22 05:12:58 · answer #9 · answered by Anonymous · 0⤊ 0⤋
This is exactly why we op to pay for uninsured motorist policy.
it seem to me that you don't have it , which mean your insurance company is not liable.
which mean your out of luck, either the other party pays for damages or you sue them for it.
no matter what your fixing your own car.
2006-09-22 04:57:40 · answer #10 · answered by tommytwotone 2 · 0⤊ 0⤋