Somebody help me.

I was hit in the back on Dec 19th. I gave the guy up until today to come up with the cash. He couldn't. I go to file a claim against his insurance. And his policy was cancelled on 11/10/05 due to non payment.

So now what? What do I do? Any suggestions. Get a laywer?

 

File under your uninsured motorist coverage if you have it.

Otherwise, SOL.

No lawyer will take the case because there is no money to win. Unless the guy is loaded and let's face it, if he couldn't pay his insurance, this ain't likely.

 

So pretty much then I should just cancel my insurance. I mean whats the point? I dont own anything so what can they get.

I can't believe nothing will happen to this guy. He is currently still driving with no insurance. Can't I call the police and have them insure him a ticket or something for driving with no insurance.

 

File under your uninsured motorists clause... if you have one.

 

I can't do that.

Allstate estimated it at 405 to fix the bumper and repaint.

The bodyshop that deals with all high end cars says it cannot be fixed because where the ridge is on our bumpers is creased and cut and you cannot fix that.

He wants 870.

Allstate said since they estimate it at 405, under my deductable they can't do anything for me. So pretty much I got to pay out of pocket now.

Even if they say ok for the 870 which they will never do. I still have to pay the 500 deductable.

There just has to be something that can be done. Either his wages get garnished when he works or something. People cannot just have no insurance and just say sorry when they hit you.

 

You can go to Small Claims Court and file a claim against him, but depending on where you live it might be costly to file, and then there is the problem of collecting if you won the case.

I did it once and won but I could never find out if the guy was working so I couldn't do much about it. Check with your local office and see what needs to be done to file a claim.

 

You can sue in small claims court. However, a judgement does not mean you get the money. Sorry, but that train has left the station.

Ask Allstate to point you to a shop that will fix the car for $405. Pay it and chalk this one up as a life lesson - never leave an accident site without a police report and don't let some dirtbag con you into a cash deal, have the police officer get his insurance information.

 

Ron and Kilroy are right. Small claims court.

 

I got the police report! The problem is he HAD Insurance. You know how you get your incurance card and it says for 6 months. Well after he got it he didn't pay no more. So they cancelled his insurance.

So to the cop it looked like he had insurance. But really he didn't have any.

 

Think at this point I will call the police since he is driving without insurance for 2+ months now. Thats a 9 point ticket + fines.

I will pay to have it fixed. 870 dollars.

Then I will file small claims to sue for the 870+fees.

Anybody think I should do something else?

 

Is it required in your state to have insurance?

Regards

 

Was that 405 for a new bumper cover???? That's very low. I have had the experience of having a few of those replaced and the 2G was 502 through an adjuster in the greater boston area. I have seen prices as high as 600 for the same work. Most shops quoted 540 for the job (2g now).

As for allstate, I do not believe that if you are not at fault the deductible applies. Since you were hit by an uninsured/underinsured driver. I know insurance varies from state to state. The only time a deductible applies is if you are at fault or if it was a hit and run. But that's here in MA

good luck

 

I had the same thing happen to me 2 years ago. I was rear ended by someone who showed the officer all the insurance paperwork but in reality he had no insurance as he cancelled it. Thus, the officer didn't cite him for this because he had no way of knowing here in Indiana.

Long story short, I called my insurance company and gave them the details and let them handle it. Of course, I have a $100 deductible with my policy and I pay my premiums so that the insurance company handles all this crap for me. My time is much more valuable to me then spend it dicking around with some uninsured motorist.

Sometimes life sucks and this is one of those situations. I would follow Ron's and Kilroy's advice and try the small claims route. Chances are you'll win but never see a dime from the poor puke that hit you. Such is life.

Good luck!

 

So the way the situation seems he did not have insurance period during the time he hit you, so your UM/UIM should cover this in your policy but I would make a small claims court first, then contact the local police where it happened and issue a summons, for (1) the person driving with no insurance- in jersey you can lose your license for it (2) for hitting you (3) for being stupid and not paying for their insurance

 

I found more info from PD department.

The officer can issue a summons for carrying no insurance and operation a vehicle for the last 2+ months. He can also give him a summons for providing false information. If the office does not wish to I can but I will have to go to court and prove he has no insurance which I can obviously.

The summons will give him the following penalties.

6 month loss of license
4-5k in state fines
9 points on license


Do I recover the money? No but at least maybe the penalties will prevent this from happening to somebody else. I know we can't stop him from driving without a license but its a start.

 

You can also contact the scumbag again and let him know that you are going to have a summons issued against him, and what the penalties are, unless he comes up with the cash quickly. This is probably your best bet for seeing any money. Don't let him talk you into any more time extensions to pay either.

 

 

where do you live? What cop doesnt use a computer these days to check proof of insurance? In GA it is illegal not to have insurance, you are required to have the card and they check it electronically since people can do exactly what you are saying...

BTW - you own a TL....under 900 to get a repair is not that much.....

 

See if you can file a victim of crime claim with the state. California has such a fund paid for by criminals as part of their sentence. I am not sure if they would categorize your issue as a victim of a crime but in California it is a crime to not have insurance and if due to that you suffer a loss (victim) you may be eligible.

I had to use that fund a few years back when I was the victim of a hit and run and the state fund paid for everything including lost wages for time off work.

 

As I've said in other messages, on this forum and others, NEVER handle an accident informally. People almost NEVER come up with the money they promise. Frequently, they decide that you're trying to cheat them, because "no damage to a car can possibly cost more than $50 or $100 to fix." Other times, they just disappear. Never agree to keep insurance companies out of it, unless they can give you CASH right then and there for damage where you KNOW the cost to repair, and KNOW there is no hidden damage or injury, AND you don't think the accident deserves to go on their insurance record. (Why should a bad driver get a break on insurance cost...so the rest of us pay for it?) You did file a police report, and that was the right move. Follow up on it, as I think you have decided to do. I don't remember reading whether you had uninsured motorist coverage through your ins. co., but if you do, you probably want to use it, unless you have lots of claims against your policy already. Your ins. co. may or may not help go after the guy (probably not for this relatively small amount, as it might cost them more than they could recover).

As far as small claims court, that may be a good move. You may get a judgement against the guy, but that doesn't mean you'll get the money. There needs to be some laws with real teeth to keep uninsured and underinsured motorists off the roads. I guess the bright side is that you're only out somewhere under $1000, tops. It could have been far more.

 

go to his house and kick his a$$....

 

Its ok, he will give me the money. My dad turned on the cement mixer last night, he is making him a nice pair of cement shoes to go swimming with next week.

Leave it to us Italians, we are good about recovering money owed to us!

I will keep you guys updated as he made contact with me asking till Friday to come up with the money. He doesn't want to lose his license, pay the fines and go swimming in the winter.

 

Your first choice should always be "CALL UNCLE GUIDO". He'll collect the money for ya...

 

Why didn't he think of that?? Now the other guy can press charges against him for beating him up and he ends up being the one going to jail and paying the other guy for damages......

 

California impounds your car with no insurance

 

That's good news about him coughing up the dough (maybe). Hopefully, the scumbag will actually use this additional time to get you the money, unlike last time you gave him time.

I took the same route you're taking with a crappy contractor I used to do a bathroom remodel. The guy claimed I owed him money and he put a lien on my house. I found out his contractor's license had expired, so I threatened to turn him in if he didn't lift the lien and forgive the alleged debt I owed him. Problem solved instantly.

 

Report DMV so that his driver license will get suspended and required R22 insurance proof to drive the car. That is when the guy has to pay big bucks for insurance. Report to police as well where the accident occurred, but they cant do anything much; this is just for your own police report.