Ok so i got into a wreck on the 27th of july. It was her fault, she even admitted it and it says so on the police report. On the police report it had the insurance info so i called them filed a claim and had to wait a week just to find out they had canceled their insurance with that company. So i called the "guilty party" and asked them what they were planning on doing. They said that they had already switched insurance, so i got that info, called that company and made a claim. 2 days later they tell me that the "guilty party" purchased the insurance 11 days after the accident. What i want to know is how the heck do i get them to fix or replace my car?! My coverage is liability only so i don't think my company will help at all. I'm 34 weeks and 2 days pregnant and have no car. These jerks are just toying with me. I'm about to have a baby and i'm not gonna have a car. Can they get away with this? Am i screwed? (nothing rude please)
2007-08-16 09:06:11 · 8 answers · asked by Xander and Marie's Mommy 4 in Cars & Transportation ➔ Insurance & Registration
I live in texas and it is against the law to not have insurance
2007-08-16 09:17:06 · update #1
They had already canceled the first insurance at the time of the wreck. Then they purchased other insurance.
2007-08-16 09:49:37 · update #2
Call your agent. Do you have "Uninsured motorists" on your policy? If you do, just file the claim. If not, your agent will advise you.
BTW- i hope you never have only liability again. Especially being pregnant.
2007-08-16 09:15:45 · answer #1 · answered by mac150 5 · 0⤊ 1⤋
The following presumes that you live in the US.
First, regardless of fault, you should not have contacted the other party without a lawyer.
Second, your question says "they have NO insurance", but then you said that the "guilty party...already SWITCHED insurance." Which is it? If the "guilty party" had insurance at the time of the accident, then *it* is the responsible company. Switching insurance companies after-the-fact is irrelevant, in this case; the post-accident company is certainly not going to handle the claim (I wonder why the "guilty party" changed companies?).
Third, regardless of fault, you may need an attorney's help (or did I say that, already?).
Fourth, you need to contact the "original" company. Do not contact the "guilty party" directly. If the "guilty party" or her lawyer or other representative calls you, tell them, politely, that your insurance company and/or lawyer are handling it (it doesn't matter whether you have collision or not).
Fifth, some States require a "rental" rider in the policy, to cover just such contingencies. Unfortunately, it rarely is for more than $25/day, and usually has a limit of 30 days. You might be better off getting a friend to help you, or take mass transportation.
Sixth, you didn't say how old your car is. If it's more than 5 years old, and not a luxury model, or if it's book value is under $1,000 (i.e., far less than it would cost to repair or buy used), then your insurance company may consider it a "total loss", and either tell you to drop it, if you don't have "collision", or you'll get practically nothing, even if you have "collision" (you said you don't have "collision"). Obviously, if it's a brand new car, then you'd have "collision", so I presume that's not the case.
Seventh, you're only "screwed", if you lose you cool about this. Yes, it's upsetting and frustrating, but stressing isn't going to help. You need to follow the above advice, and let calmer heads prevail.
Good luck!
2007-08-16 09:43:12 · answer #2 · answered by skaizun 6 · 0⤊ 1⤋
The first thing I suggest is make sure that the police know that the other driver lied about their insurance coverage. Police officers hate being played by uninsured idiots. Assuming the cop does his/her job the other driver should get their drivers license revoked.
Your company can not do anything for you since you had liability only and I don't believe Uninsured Motorist Property Damage is available in TX.
I suggest that you get two estimates, if your car is driveable. If the shops tell you that the car is a "total loss" then do some online research as to the value on NADA.com, KBB.com, autotrader.com etc. Print out all that information and then file a small claims court suit against them ASAP.
Winning in small claims court does not automatically guarantee payment but I've never seen a pregnant woman lose in small claims court. Take advantage of that if you can.
Good Luck
2007-08-16 09:50:38 · answer #3 · answered by fighting saints 6 · 0⤊ 0⤋
There should be an "Uninsured Motorist Clause" on your policy.......Liability or Full Coverage. So that means, either way, your insurance company should pay for your damages. If at worse you don't get reinburstment from the party who hit you, then I suggest you take them to court and use your police report as proof.
2007-08-16 10:11:40 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Unless your state mandates that they MUST have car insurance - then they technically haven't broken any laws when they hit you when they didn't have coverage.
Talk to your insurance company and find out if there's anything they can do to help you in this instance.
If worse comes to worst... you may have to contact a lawyer and sue them for damages to get your car fixed.
2007-08-16 09:13:41 · answer #5 · answered by Anonymous · 0⤊ 0⤋
My aunt was in this situation. She took them to small claims court. They probably still won't pay. I hope the best for you.
2007-08-16 09:15:14 · answer #6 · answered by el88gringo 3 · 1⤊ 0⤋
Go to your insurance company they should fix it, and what they will do is sue the guily party. Thats what happens i just asked my insurance agent and thats what he does
2007-08-16 09:12:50 · answer #7 · answered by Jonathan L 2 · 0⤊ 2⤋
you sue them through your insurance company. you don't really have to do anything its all about the people who aren't insured. sucks tho!
2007-08-16 09:14:27 · answer #8 · answered by amanda j 2 · 0⤊ 2⤋