Jongman Park

Okay, my day was like shit. I got rear-ended by some stupid uninsured driver and I got rear ended... I tried to settle this with the driver for cash but he just refused to pay me for the car fix... what is the best option?
I blew up all my classes(Yesterday was my first day of school..) and waste all my time to go around all the body shop he wanted
(bodyshop was like a junk yard.. so I refused to service my car their...)
Some decent body shop quoted me for 3000 dollars to fix my car..

But, I got uninsured motorist coverage so I can fix my car without any problem..

Anyhow, he just want to go to the court which means he is gonna sue me or what?

Should I prepare for the lawsuit? or just claim on my insurance?

Here is some photos in accident..
[IMG]file:///C:/Users/jongman%20park/Desktop/20130812_081724.jpg[/IMG]
[IMG]file:///C:/Users/jongman%20park/Desktop/20130812_081652.jpg[/IMG]
[IMG]file:///C:/Users/jongman%20park/Desktop/20130812_081738.jpg[/IMG]
[IMG]file:///C:/Users/jongman%20park/Desktop/20130812_084556.jpg[/IMG]
[IMG]file:///C:/Users/jongman%20park/Desktop/20130812_084556.jpg[/IMG]
[IMG]file:///C:/Users/jongman%20park/Desktop/20130812_084812.jpg[/IMG]

justnspace

iTrader: (1)

go through your insurance.
FUCK trying to go through some guy that doesnt have money.

you pay for "uninsured motorist" claims.

Italiano

Yep, you should have coverage for uninsured motorist..Starts @ about $1000 depending on your plan...
Did you call the Police and file a report? They can confirm if he is telling the truth..

Jongman Park

Yeah, i think that is wise...

But what happen to the other guy who hit me then? he just walk away?

I pay my insurance and I got covered... what happen to him??

I just wanna get paid for my time and etc...

justnspace

iTrader: (1)

^he's the one thats uninsured?

fuck him.
he must have damage to his car too.
he'll have to come out of pocket to fix his car. but you can go through your insurance and get it fixed for your deductible.

Jongman Park

I just wanna know what happens to him??
goes to jail? or stuff?

Italiano

lol...........no

Jongman Park

Damn fuck, then what he is gonna do? just walk a way? bc he doesnt have money?
Non-sense!

erdoc48

Always, always (if possible), get police to come to the scene- you might be out the deductible (for the uninsured motorist coverage, but I'm not sure). The police would have charged him with driving w/o insurance, and he would be facing a judge at some point in the future. You're in the driver's seat here. You have the insurance, so use it, let the legal system screw the guy without the insurance. If anything, plan on suing him in small claims court (so you don't need an attorney) to get your deductible back.

As for the other driver, the legal system will make him pay (maybe not you, but definitely them). It sucks, it's unfair, and the other a**hole should have his license revoked, but that's why you maintain underinsured/uninsured coverage...for events like this.

BeezleTL85

Go through your insurance and if they don't get your money back for you then file a civil suit.

the generation of entitlement

The MuffinMan

iTrader: (1)

You should have called the cops on the scene. Now that you didn't do that he may walk off scott free. If you have his name and license info you would give that to your insurance company and they will most likely take him to court to get paid back for what they give you. But most of the time this doesn't happen unless you did your job right from the get go and got a police report.

Good luck

BallinOnAbudget

Yeah this guy that hit you is long gone I'm sure. Lesson learned to always call police to file report when accident happens. He sweet talked you out of not calling I'm sure....

geekybiker

Even if you did get a judgement against him, getting him to pay is another matter entirely. People with no insurance typically don't have a lot of money laying around. The law is rarely about justice or who is right unfortunately.

lusid

Driving without insurance is like a 200 dollar fine... and if it's first time offense = nothing will happen.

Just chalk it up as a learning experience and go call your insurance company.

mvp2765

iTrader: (1)

You should have called the cops right away. My brothers car was hit in a parking lot by an un-insured guy's work van. He admitted to the fault and was nice enough to make things easy and give us the cash to pay our deductible. Btw, photos dont work

flyromeo3

what the fuck do you want to happen to him. Spend life in prison because he rear ended your car?


You have insurance, use it.

NvrDwn

Why would you let him drive away without calling the cops? I got in an accident and didn't call the cops but thats ONLY because he had insurance and we took care of it right there and then. He called his insurance told them what happened and then spoke to my father.

SharksBreath

iTrader: (33)

you guys are brutal.

it's obviously his first time dealing with anything like this. did he do it by the books? fuck no.

doesn't mean he should be castrated for it. live and learn buddy. contact your insurance. i hope you have his information at least.

DaeHanMeenGuk

one of many life lessons anyone will learn...

pohljm

I am confused? You were rear ended twice in the same day and the first guy was uninsured?

senTL

I hate uninsured drivers. But at least you have the coverage for stupid drivers like these. Next time, remember to call the cops.

TVL65

Years ago a woman clipped my mazda pulling onto the highway, we pulled off the road and she admitted she hit me. She apologized & said her husband will take care of the damage. We exchanged info & when I called her at home that night her husband answered and said: "According to my wife YOU HIT HER" I calmly told him no and that his wife hit my vehicle. Then he asked what proof I have? Were the police called? Right then I knew I was screwed. I even called her insurance company but they said she hadn't reported an accident. That was the end of that. 2 years ago a guy hit my sons Subaru in a parking lot, he admitted he did to the cop etc. My ins paid for the repairs minus my $500 deductible but were unable to get it back from his carrier because: They cancelled his policy for non payment of premium! He had a valid ins card but his coverage was cancelled. I ate a $500 deductible. THANK YOU.

ez12a

OP, upload your photos to something like imgur.com or photobucket and then link them back here. We cant see the pictures on your hard drive.

First thing you do when you get into an accident is get their information. I take a picture of their license and all that stuff. Then you contact your insurance company (anything over $750 needs to be reported to DMV in CA at least) and let them handle it.

VanyDotK

iTrader: (6)

My car was recently hit, luckily she pulled over and we exchanged information. She could have easily driven away since I was merging onto the highway but she didn't.

State Farm paid for all my repairs and I had to pay my deductible. Come to find out she was uninsured and they gave me back my deductible because I have uninsured motorist coverage. The only thing State Farm didn't cover was my portion of the car rental, which came out to about 20 dollars for 4 days.

I was very lucky because the lady that hit me was very honest and admitted fault to State Farm when they spoke to her.

+1 for State Farm for taking care of my repairs in a timely manner
+1 to honest people

350

iTrader: (4)

Moral of the story is keep yourself covered and assume everyone is out to screw you.

BeezleTL85

i just got rear ended........ he has insurance

mau108

when you have an uinsured driver that hit you aren't you suppose to call the cops? Here its a huge fine to drive without insurance.

ff4930

uhh yeah. If the driver was not drunk (an offense) and just rear ended you he would just walk away. The only difference is, your damages/cost to fix the car will be paid through insurance, the other driver would have to pay out of his own pocket.

LaCostaRacer

I think the OP might be liable for the deductible though. If so, I would take the rear-ender to small claims for the deductible. The uninsured driver needs to realize that driving is a privilege and not a right- one of the prerequisites for driving is to have insurance. I trust the OP got the driver's license,registration, and license plate for the vehicle so it should be a slam dunk to sue his ass for the deductible and any lost wages in pursuit of gaining the deductible.

Jongman Park

Guys! I did report police at the moment and I also have his license and everything.
he got a ticket for driving w/o insurance.
And I claimed my insurance company for uninsured motorist...

What I concern is that the limit for uninsured motorist is only 3500!!!!!
which is not enough to fix my car..

And what pissed me off is his attitude. He wasted my all day and he is trying to sue me!(Of course, i am sure that i can win but he might just wanna waste my time..)

Jongman Park

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Acura_Swag

He cant sue u at all. He rear ended u so automaticly he loses but like everyone else is sayin go thru ur insurance

Jongman Park

Thank you for all advices and thoghts..

but, one more..

when i claim through my insurance for this case, am I the person who get the check from insurance or the shop estimated?

SharksBreath

iTrader: (33)

9 times out of 10, the insurance check will be issued to YOU.

you can do whatever you want with it. it's your car and your money.

1995hoo

Depends where you are. In Virginia, a driver has the option of paying the $500 Uninsured Motorist Fee, which lets you drive without insurance. Stupid thing to do, but some people do it. If you drive without insurance and you don't pay the fee, there is a severe penalty.

In the OP's case, the way a UIM coverage claim works is that your insurance carrier pays the repairs. They then may direct you to sue the other motorist if he can be found; if they do, you have to do so because your policy has a "cooperation clause" requiring you to cooperate with the carrier. If you were to recover a judgment in court, the insurance carrier is entitled to the proceeds of that judgment up to the amount they paid to cover your UIM claim. The reason is that they're getting reimbursed—they paid money that the other driver owed, so they can recover it from him; also, if you could recover that money, you'd be getting compensated twice for a single set of damages. Any recovery above the UIM payout would go to you.

Based on the facts presented in this thread it sounds unlikely the carrier will pursue the other motorist because the OP essentially let the guy go due to ignorance.

erdoc48

I think the other driver threatened to sue as a defensive maneuver. He probably thinks you'll back off because he said he would sue. Let him. It'll all play out in court if it gets that far and a judge or arbitrater will fleece him while he's there (for wasting the court's time as well as for driving with no insurance).

I've heard of some states where you can pay a fee as above absolving you of having to get insurance, but I guess it's done for the poor so they can drive (but it's also very irresponsible of them as they assume no liability if there is a collision). I guess they figure that they have no assets, so you can sue them til you're blue, but will never see a dime. It's a very unfaair system, but it's how it goes these days. It's the same with state minimum coverage- it exists to give you insurance, just not very good insurance that may not cover a substantial claim.

Here's the uninsured fee in South Carolina (as I have a vacation home there):

Registering as an Uninsured Motorist
As of February 1, 1999 vehicle owners can pay a $550.00 Uninsured Motorist Fee. The $550.00 fee is not an insurance premium and the owner is not purchasing any insurance by paying this fee. The $550.00 Uninsured Motorist Fee is for the privilege to drive and operate an uninsured motor vehicle on the South Carolina roads. Owners that pay the $550.00 Uninsured Motorist Fee are liable for damages if they are at fault in an accident.

If you and every driver in your household has held a driver's license for three or more years, you may qualify to register as an uninsured motorist. However, you are not qualified to participate if you (the owner) are presently required to file SR-22 insurance or have been convicted of any of the following violations within the past three years:

Disobeying any official traffic device or officer directing traffic
Failing to stop for a law enforcement officer when signaled
Failing to stop for a school bus
Leaving the scene of an accident resulting in injury or property damage
Theft or unlawful taking of a vehicle
Racing on public highways
Driving under the influence of alcohol or drugs
Reckless driving
Reckless homicide, homicide or assault involving the operation of a motor vehicle
Felony involving the use of a motor vehicle
Transporting illegal whiskey, unlawful drugs, or other controlled or narcotic substances
Willfully making false statements when applying for a license or registration
Impersonating an applicant or obtaining a license or registration by impersonating himself or another
Three or more moving traffic violations
Two or more accidents that resulted in injury exceeding $600 or property damage exceeding $1,000.
You may obtain the application to register as an uninsured motorist by clicking here.


I don't agree with it at all, and I'm sure a lot of people just pay the fee and stupidly drive on.

1995hoo

I agree with "erdoc48" that it's foolish to pay the Uninsured Motorist Fee. It's also foolish, as an insured motorist, to buy only the minimum coverage required by state law because it's often woefully inadequate for real-world driving conditions. Here in Virginia, for example, the minimum property damage coverage (unless you pay the Uninsured Motorist Fee) is $20,000. That's nothing these days. Even a relatively bare-bones Honda Civic or Mazda 3 costs more than that, and if you're in a multiple-car accident you can blow right through the minimum coverage. If the minimum coverage is all you have, you're personally liable for the amounts in excess of that. (True, the other driver's "Uninsured/Underinsured Motorist" coverage would pay the claim in excess of your insurance, but that carrier could then come after you because you were the person who owed that amount. Think of it as a loan—they paid money that you owed, so they effectively loaned you that amount.) "Underinsured Motorist" coverage simply means that where the other driver's insurance limits of liability are insufficient to pay the damages, your policy steps in once his policy limits are exhausted and your policy then pays up to its own limits of liability.

The foregoing paragraph makes an important point that's often overlooked in insurance-related discussions here: Insurance laws vary in each state or province. The minimum coverage required by law may differ, some states may not allow payment of an Uninsured Motorist Fee, and the way the limits of liability work may differ wildly. In Virginia, for example, any auto insurance policy is required by law to include Uninsured/Underinsured Motorist coverage. It's included in the premium. Normally the amount of Uninsured Motorist coverage in Virginia is the same as the amount of liability coverage unless you waived it (which is rare); "Underinsured Motorist" coverage is more complicated because, obviously, it depends on the individual policies' limits of liability because that's how you determine if someone is "underinsured." All "underinsured" means is "coverage inadequate for this particular loss."

The key thing to remember in these kinds of threads is that if anyone ever makes blanket statements about limits of liability or premiums or how a carrier has to respond, but fails to specify the state or province to which he's referring, you should take it with a grain of salt. Insurance law often has some VERY significant differences from place to place!

TVL65

Has anyone ever been to small claims court? I have, I went with my sister because she kept a security deposit from a tenant who destroyed the apartment & they sued her. Small claims court is a JOKE. First off, the date you receive from the court to appear does not guarantee your case will be heard that day, so you sit there for hours in hard church like benches and other cases are heard first, if any of those cases are disputes then they take longer to be resolved in court, thus more time. The judge will then tell everyone in the courtroom to come back the next day & again there is no guarantee your case will be heard, so now you take more time off work. Plus you usually have to pay for parking. Even if the other person shows up in court & you win your case it is nothing more but a judgement & the award is NOT enforced by the court so you are on your own to collect it. I noted that most defendants did not appear in court. IMO it is a complete joke. My insurance company sent letters to the guy who hit my sons Subaru, he didn't reply. They even turned it over to a collection agency but still he didn't reply. It was then reported to credit agencies so his credit is now ruined but I'm still out $500. I could take him to small claims court but would it be worth it? NO. I would have to go down to the courthouse & file the papers (Take time off of work, pay for parking & processing fees) then go back again the day of court etc. Just not worth the aggravation. Yea, people suck & the scary thing is that 20%-25% of drivers here in north jersey don't have auto insurance & driving around with fake I'd cards.

Jackass

This depends on how you want to deal with it and how your insurance company handles claims. In my experience, I have always had the body shop deal directly with the insurance companies. I have had zero interest in modifying my car and just want it put back together properly and have a warranty. Many insurance companies will give a much longer warranty (sometimes lifetime) on all work performed by their recommended body shops. If you take the check, you are pretty much at the mercy of the shop you pick for any warranty work down the road.


Anyone that doesn't carry at least $100k in liability coverage is just asking for trouble. A $60-80k car is not that rare these days. $100k should be the bare bone minimum required....while a smarter individual will carry many times higher than that.....and of course this thread is now reminding me that I need to have my annual policy review with my agent and I want to check all of my limits.

6 MT

If the body shop is a direct repair shop for the insurance co they will pay the shop directly. This is also the only way they the insurance co will guarantee/warranty the repairs.