Uninsured motorist hit my vehicle today. What should I do?

[BLBRIZZI]

So I'm traveling today in my 99 I30t, when this eclipse decides to turn left in front of me, hits my front passenger side, flattens my tire, screws up my hood, fender etc. So the police show up, and ask for license, insurance, and registration. First words out of her mouth are I don't have insurance. So what should/could I do to recoup my losses with respect to my deductible, and my vehicle. She was shown to be at fault, and was cited for failure to yield, and no insurance. What should be my recourse? Please help.

Brent

[myRed240]

You could sue her in small claims court for the amount of money that you must pay to repair your car. I don't know the laws where you live, but in CA it's absolutely against the law to drive without insurance. Do you have uninsured motorist insurance? If so, you can just pay the deductible to your insurance company and then hold her liable for that amount . Good luck, hope everything works out.

[DAEDALUS]

Man that sucks the big one. I think the first thing you should do is get a free estimate to get the damage fixed. Ask the person, in writing, to pay for the damage. Send the request via certified mail and keep a copy. This is a formality mostly; she'll probably not pay it. If the repair cost is within the limits of small claims court, that's probably your best bet to avoid lawyer's fees. The fact that she was cited at fault makes your case pretty airtight. Once you get a judgement, you can do things to get your money, such as wage garnishing if she has a job. I would look into free legal services up front for good info.

[BLBRIZZI]

You could sue her in small claims court for the amount of money that you must pay to repair your car. I don't know the laws where you live, but in CA it's absolutely against the law to drive without insurance. Do you have uninsured motorist insurance? If so, you can just pay the deductible to your insurance company and then hold her liable for that amount . Good luck, hope everything works out.

I live in Utah, yes I do have uninsured motorist coverage, I believe it's mandated by law. I'm not looking to get her in a lot of trouble, and yet I want her punished for not carrying insurance. This is a big PITA for me, and yet all she gets is a fine, just doesn't seem right.

Brent

[myRed240]

I understand about not getting her in a lot of trouble. I think that as long as she pays for your damages AND gets a fine that should be enough. It's just not right that must of us pay soo much for insurance and then we must suffer because of those that don't.

[BLBRIZZI]

I understand about not getting her in a lot of trouble. I think that as long as she pays for your damages AND gets a fine that should be enough. It's just not right that must of us pay soo much for insurance and then we must suffer because of those that don't.

My concern is that she won't pay anything for the damages. My insurance will have to pay, and then my premiums will go up, all for something that isn't my fault. I mean what are the chances she will willingly pay up, when she wouldn't even pay for insurance that is required by law.

Brent

[DAEDALUS]

Well she'll probably get sued by your insurance company. I don't think your premiums can go up for this. If she can't pay it'll ruin her credit. It IS a big PITA but unfortunately that's just the unfairness of life. Imagine if she had killed a loved on. Even if she was insured and you got a multi-million dollar settlement, it still wouldn't be fair or right.

[BLBRIZZI]

Well she'll probably get sued by your insurance company. I don't think your premiums can go up for this. If she can't pay it'll ruin her credit. It IS a big PITA but unfortunately that's just the unfairness of life. Imagine if she had killed a loved on. Even if she was insured and you got a multi-million dollar settlement, it still wouldn't be fair or right.

Yeah, I get what you're saying. Guess it could have been a lot worse. Other than a small bump on my head, no one was seriously hurt, I'm thankful for that.

Brent

[LAQ]

get a laywer

[maxnix]

get a laywer

And don't make any more statements about what you did or did not suffer.

[PalmerWMD]

Good Luck to you BLB.

It will be a hassle but you <should>(?) come out with no expense and are supposed to even get your deductible back.I was at fault in an accu=ident once and both insurance companies paid their own guy and then I (ie my insurance company) paid the other guys deductible.

Of course wsomeone who doesnt have insurance is not likely to be able to pay..

Its very sad hearing what happened to your beasutful car.

Thre are not enough I30t's around.

Fred..

[Mayhem_J30]

Man I hate to hear that. I've been hit twice by unisured drivers. Both times the money for damages came out of my pocket. (I only had liability on that vehicle) Both times I had to go to court with the guys as a witness because the city/state was charging them with either a stolen car or DUI or something. I was supposed to take them both to court to get my damages back but neither ever showed up. Hope it goes better for you.

[AZhitman]

I'm with LAQ and Brian - Get an attorney.

Don't come crying back here if you don't when you get hosed. That's what they're trained for.

I've been through 2 uninsured motorist accidents - She (the at-fault driver) is an a$$hole for driving without financial responsibility. That's just stupid and irresponsible.

[greg_atlanta]

Let the insurance company deal with it. You've paid them thousands upon thousands of dollars and probably haven't seen much from it... get your money's worth and don't waste time in court! Time is money too!

My insurance company paid me for the value of my last car (totaled). The other party was at fault in the accident but he claimed he wasn't... but both my insurance and his insurance knew better and I had received a settlement on my car before we went to court.

[maxnix]

Let the insurance company deal with it.

Just don't assume they are working for you - they are working for themselves only.

An attorney will work for you exclusively.

[BLBRIZZI]

I'm with LAQ and Brian - Get an attorney.

Don't come crying back here if you don't when you get hosed. That's what they're trained for.

I've been through 2 uninsured motorist accidents - She (the at-fault driver) is an a$$hole for driving without financial responsibility. That's just stupid and irresponsible.

Update: Well my car is finally in getting looked at, but I won't have an estimate until tomorrow. I called the young girl that hit me, and asked her what she plans on doing to repay me for my expenses. Her reply is that my insurance is going to cover the costs of the repairs, and then she will repay them, to which I stated, yes, but that doesn't cover my rental car, I don't have rental car coverage on my policy. Now, I'm just waiting to hear back from her.

Brent

[getatu]

My concern is that she won't pay anything for the damages. My insurance will have to pay, and then my premiums will go up, all for something that isn't my fault. I mean what are the chances she will willingly pay up, when she wouldn't even pay for insurance that is required by law.

Brent

they can not raise your premium if its not a chargeable accedent to you if she shows to be atleast 85% at fault