Car Insurance Question

Early B.
Early B. Posts: 7,900
edited January 2007 in The Clubhouse
Last night my nephew was involved in a car accident that did major damage to the front of his car. Apparently, it was the other driver's fault. However, my nephew let his auto insurance lapse. How does not having insurance affect his ability to make a claim against the other motorist (assuming, of course, that the other motorist has insurance)? Stated another way, if it was not his fault, does it matter whether or not he has auto insurance in order for the other motorist to pay for his repairs?

Thanks.
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Post edited by Early B. on
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Comments

  • bobman1235
    bobman1235 Posts: 10,822
    edited January 2007
    It does not technically matter, but it's going to be more of a pain int he **** for him to make the claim, just because insurance companies know how to talk to each other better than regular people know how to talk to insurance companies. That being said, he should NOT let them try to dick him out of money - if it's the other motorist's fault, that person should be fully responsible and that person's insurance shoudl be paying for everything.
    If you will it, dude, it is no dream.
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  • Early B.
    Early B. Posts: 7,900
    edited January 2007
    I just thought of something --

    Can the insurance co. argue that since my nephew was driving illegally (i.e., without car insurance), and therefore should not have been on the road, then they shouldn't pay for the damage to his vehicle?
    HT/2-channel Rig: Sony 50” LCD TV; Toshiba HD-A2 DVD player; Emotiva LMC-1 pre/pro; Rogue Audio M-120 monoblocks (modded); Placette RVC; Emotiva LPA-1 amp; Bada HD-22 tube CDP (modded); VMPS Tower II SE (fronts); DIY Clearwave Dynamic 4CC (center); Wharfedale Opus Tri-Surrounds (rear); and VMPS 215 sub

    "God grooves with tubes."
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  • bobman1235
    bobman1235 Posts: 10,822
    edited January 2007
    Doubt it, that's a matter for the police, not the insurance companies. The other person was driving and damaged someone else's property, they have to pay for it.
    If you will it, dude, it is no dream.
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  • okiepolkie
    okiepolkie Posts: 2,258
    edited January 2007
    Early, I thought of that too, when I first read your post. Bob's post cleared that up for me as well. Since most states have made it a law to have insurance, I think he is right that it might result in a ticket for not having insurance, but I don't think it will make a difference on the settlement, since it was not his fault.
    Tschüss
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  • PolkWannabie
    PolkWannabie Posts: 2,763
    edited January 2007
    Not having insurance, even for a short period of time, opens oneself up to potentially donating ones lifetime income, past and future, to a cause one would rather not.
    Rick
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  • heiney9
    heiney9 Posts: 25,194
    edited January 2007
    My advice is to get an attorney involved. Sure it's extra mpney spent but the attorney will look out for your best interest. Also I hope he called the police and has SOLID evidence he is in no way at fault otherwise they will either string it out for a very long time or may not have to pay out or perhaps they will find it was a % of each persons fault.

    If your nephew resides in a no fault state then he's pretty much not going to get a whole lot.
    "Appreciation of audio is a completely subjective human experience. Measurements can provide a measure of insight, but are no substitute for human judgment. Why are we looking to reduce a subjective experience to objective criteria anyway? The subtleties of music and audio reproduction are for those who appreciate it. Differentiation by numbers is for those who do not".--Nelson Pass Pass Labs XA25 | EE Avant Pre | EE Mini Max Supreme DAC | MIT Shotgun S1 | Pangea AC14SE MKII | Legend L600 | BlueSound Node 3 - Tubes add soul!
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  • kn505
    kn505 Posts: 380
    edited January 2007
    I would get a copy of the police report if it is available. The report is likely to indicate who is at fault. If the other driver is at fault, I would contact that driver insurance company so they can pay for the car rental expenses and repairing your nephew's car. I would deal with the other driver's insurance company for these expenses without involving the attorney. The attorney fees can range from 20% to 40% of the settlement amount depending on how you negotiate the fees with the attorney.
    Hope that your nephew is not badly injured. If he is hurt, he should be treated. The other driver should be liable, if it was his fault, for your nephew's medical expenses, wage loss, pain and suffering, loss of consortium if he is married, and possible future medical expenses and wage loss. You can contact an attorney for this part if you dont like to deal with the other driver's insurer.
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  • Demiurge
    Demiurge Posts: 10,874
    edited January 2007
    Both drivers are at fault simply for being there. Since he's uninsured, he likely won't get money to repair his car from the person who is more at fault. You can get an attorney involved, but that may be more expensive than just fixing his car with his own money.

    This is just a life lesson. I too let my insurance lapse when I was 18, unknowingly. It was an idiotic mistake, and one I'll never make again. I slammed my Ford Brono into a parked mini-van during an ice storm the day of my Brothers wedding. Luckily it only cost me $3,500.

    The other insurance company was very reasonable in collecting the money from me, but boy oh boy did I learn a lesson. So, to look at it in a better way, at least he won't have to pay for someone elses damage and his own, like I did. Fortunately I only put a dent in my truck, though.
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  • Early B.
    Early B. Posts: 7,900
    edited January 2007
    Ok, I got some more details. This was a multi-car accident. The driver who started it all fleed from the scene on foot, so by the time the police arrived, he was long gone. I'm guessing they caught up to him by now, but my nephew is awaiting to acquire a copy of the police report. Meanwhile, his car is located at a towing company.

    Another question is -- get his car from the towing company ASAP or wait for the police report and hope the guy who caused the accidents has insurance and let the insurance company deal with the towing and associated daily fees? I'm gonna check the car out myself today or tomorrow and make a determination. I'm leaning towards getting it towed and taking it to a auto shop to get an estimate, then deal with the insurance company later if that's an option.

    BTW -- the accident occurred at 12:10am on New Year's Day, so it's a great learning experience for my nephew (although he needs a swift kick in the pants for letting his insurance lapse). Ain't it a wonderful way to start the new year?
    HT/2-channel Rig: Sony 50” LCD TV; Toshiba HD-A2 DVD player; Emotiva LMC-1 pre/pro; Rogue Audio M-120 monoblocks (modded); Placette RVC; Emotiva LPA-1 amp; Bada HD-22 tube CDP (modded); VMPS Tower II SE (fronts); DIY Clearwave Dynamic 4CC (center); Wharfedale Opus Tri-Surrounds (rear); and VMPS 215 sub

    "God grooves with tubes."
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  • ohskigod
    ohskigod Posts: 6,502
    edited January 2007
    my .02

    1) get the car out. if insurance falls through, the storage fees will be astronomical, of course, if they are, you can just leave the car there since it is worthless if not getting fixed.

    2) things can go either way depending on how your state does things. I know in NJ, I can think of few scenarios where a driver will be considerred to have no fault whatsoever when he/she is the one with damage to the front of his car. morally, might not be his fault at all, but if the damage on his car is all in the front, the other insurance company will claim all kinds of "control of your vehicle" stuff, i.e. fault shmault, you hit the car with your vehicle, you should have avoided it.



    either way, get that report and put in a claim at all the insurance companies, you got nothing to lose
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  • disneyjoe7
    disneyjoe7 Posts: 11,435
    edited January 2007
    I would do anything to lower the end cost who ever is going to pay for it in the end but maybe just me I hate tow companies.

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  • Early B.
    Early B. Posts: 7,900
    edited January 2007
    Good points, ohskigod.

    OK, found out some more info -- the towing fee is $90 plus $15/day. Oh, and they caught the guy who started it all. The police report will not be available until Friday (which probably means next Monday or so).
    HT/2-channel Rig: Sony 50” LCD TV; Toshiba HD-A2 DVD player; Emotiva LMC-1 pre/pro; Rogue Audio M-120 monoblocks (modded); Placette RVC; Emotiva LPA-1 amp; Bada HD-22 tube CDP (modded); VMPS Tower II SE (fronts); DIY Clearwave Dynamic 4CC (center); Wharfedale Opus Tri-Surrounds (rear); and VMPS 215 sub

    "God grooves with tubes."
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  • Demiurge
    Demiurge Posts: 10,874
    edited January 2007
    If they other guy ran away I bet he's not insured either. If he files for bankruptcy your nephew definitely screwed. That also happened to me when I got hit by a drunk driver once. :(
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  • PolkWannabie
    PolkWannabie Posts: 2,763
    edited January 2007
    It's harder to file for bankruptcy now as the laws have changed relatively recently ...

    But I'd guess you're right about him ( the runaway ) also being uninsured which probably also means he has $0 which probably also means the nephew can count on his own whatever to get his own car fixed ...
    Rick
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  • disneyjoe7
    disneyjoe7 Posts: 11,435
    edited January 2007
    That image sucks if true :(

    Speakers
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    CS400i Center
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    Electronics
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    Pioneer 79Avi DVD
    Sony CX400 CD changer
    Panasonic 42-PX60U Plasma
    WMC Win7 32bit HD DVR


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  • PolkWannabie
    PolkWannabie Posts: 2,763
    edited January 2007
    It could be worse ... much worse ...
    Rick
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  • shack
    shack Posts: 11,154
    edited January 2007
    If the other guy ran, it is probably a safe bet that he has no insurance. Probably also a safe bet that he doesn't have sufficient assets to cover your nephew's loss even if he is able to sue and get a judgement. If that is the case, good luck in finding an attorney that will file a suit on any sort of contengency basis if it is clear that you have a indegent or no asset defendent. The attorney will want a retainer to even begin the proceedings. This is the sort of case that would normally be covered by the "uninsured motorist clause" of the insurance policy - if he had one. I've had to use my uninsured motorist coverage twice :mad: . The best bet is to get the car out of storage ASAP because it sound like your nephew is going to have to foot the bill. If you can discover quickly the other driver has insurance, I would still get the car out of the tow yard and to a body shop for estimates. Don't assume the other company is going to cover all the expenses just because they were incurred.
    "Just because you’re offended doesn’t mean you’re right." - Ricky Gervais

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  • Demiurge
    Demiurge Posts: 10,874
    edited January 2007
    PolkWannabie wrote:
    It's harder to file for bankruptcy now as the laws have changed relatively recently...

    Out of curiousity, what's the status of that these days? I completely got the rug pulled out from under me by that bit*h when she filed on me. :mad:

    I was just trying to recoop my honest losses. I wasn't trying to sue her for 'pain and suffering' and all of that bullsh*t as I don't believe in it.
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  • PolkWannabie
    PolkWannabie Posts: 2,763
    edited January 2007
    I can't list the specifics but it's more difficult, not impossible ...

    It is of course the "pain and suffering" aspect of this that I was referring to when I said ... It could be worse, much worse ...

    Don't get me wrong ... I'm not for this sort of thing either ... but insurance works on the same principle that umbrellas do ... You don't take them and you can almost be guaranteed it'll rain ...

    ... Or if prefer it's like the rule of backups i.e. ... the liklihood of a hard disk crash is inversely proportional to the length of time since your last backup ...
    Rick
    HT+ Sunfire TG IV, Dual CG Sig II's, CinePro 1K2, Oppo 981, Audio Technica PL120, Polk SRT's & F/X1000's, Samsung 71" DLP
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  • Demiurge
    Demiurge Posts: 10,874
    edited January 2007
    PolkWannabie wrote:
    I can't list the specifics but it's more difficult, not impossible ...

    It is of course the "pain and suffering" aspect of this that I was referring to when I said ... It could be worse, much worse ...

    Don't get me wrong ... I'm not for this sort of thing either ... but insurance works on the same principle that umbrellas do ... You don't take them and you can almost be guaranteed it'll rain ...

    Definitely. I got lucky as hell -- granted it was an honest mistake when I let mine lapse. There are some out there that don't like paying the insurance bill because there is no return on it, if that makes sense. Definitely a stupid mentality, but it's out there.
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  • PolkWannabie
    PolkWannabie Posts: 2,763
    edited January 2007
    The "return" of course is not leaving oneself open to having ones salary garnished for the rest of ones life ...
    Rick
    HT+ Sunfire TG IV, Dual CG Sig II's, CinePro 1K2, Oppo 981, Audio Technica PL120, Polk SRT's & F/X1000's, Samsung 71" DLP
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  • Demiurge
    Demiurge Posts: 10,874
    edited January 2007
    PolkWannabie wrote:
    The "return" of course is not leaving oneself open to having ones salary garnished for the rest of ones life ...

    Obviously, but some youngsters don't know any better, which is really frickin' sad.
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  • dkg999
    dkg999 Posts: 5,647
    edited January 2007
    In some states, such as Iowa, they can't cancel your insurance until 30 days from when the payment was due. Have you made sure your state, or the insurance co. doesn't have a grace period? Did he receive a cancellation notice?
    DKG999
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  • George Grand
    George Grand Posts: 12,258
    edited January 2007
    If the lead guy ran, at 12:10AM on New Years Day, I'm leaning a little more towards half-shitfaced than uninsured. Perhaps both which will certainly double his pleasure and double his fun. Triple it actually if you throw in leaving the scene of an accident.
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  • heiney9
    heiney9 Posts: 25,194
    edited January 2007
    dkg999 wrote:
    In some states, such as Iowa, they can't cancel your insurance until 30 days from when the payment was due. Have you made sure your state, or the insurance co. doesn't have a grace period? Did he receive a cancellation notice?

    It's been a long times since I changed insurance companies, In Illinois I believe if you are on a monthly pay plan when you start the policy they have you pay 30 days in advance so if you are late on a payment your insurance isn't dropped immediately. Of course if you pay annually or semi-annually there are safe guards in place as well as far as a 30 day pre-payment factored into the due date.

    If your insurance lapsed, in most cases it's because the payment is more than 30 days late wether it be monthly, annually, semi annually or quarterly. Mistakes and mishaps w/payments do happen but the consequences can be terrible. It's best to keep up with correct dates of payments, etc.
    "Appreciation of audio is a completely subjective human experience. Measurements can provide a measure of insight, but are no substitute for human judgment. Why are we looking to reduce a subjective experience to objective criteria anyway? The subtleties of music and audio reproduction are for those who appreciate it. Differentiation by numbers is for those who do not".--Nelson Pass Pass Labs XA25 | EE Avant Pre | EE Mini Max Supreme DAC | MIT Shotgun S1 | Pangea AC14SE MKII | Legend L600 | BlueSound Node 3 - Tubes add soul!
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