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#141 of 159 Re: WHAT CAN I DO? HELP ME PLS! [dedaof3]
Mar 25, 2010 (7:36 am)
Was there a witness to collaborate the facts of the accident? If you can show your insurance company (State Farm) that you did everything to avoid an accident and it was not your fault, you will have a good case for them to reverse their decision. If there was a police report and the officer noted the "hit and run" vehicle then this will help your cause.
If you are able to provide that you were not at fault, this may help you when you search for a new insurance carrier.
Mar 26, 2010 (4:49 am)
My nephew attends Purdue U. He's a JR. A few months ago, while he was walking back to his place after class, he was hit by a car while crossing the street. He was in the cross walk and had the light on his side.
I'm a little fuzzy about the rest of the details, but apparently this girl simply wasn't watching what she was doing or where she was going. My nephew says she looked like she was texting while trying to drive. She denies this, however.
Bottom line, my nephew's leg was hurt pretty badly, requiring surgery, pins, a full length leg cast, therapy, etc to literally, get back on his feet. Fortunately, he's young enough that, while painful, his recovery was relatively swift. He still walks with a limp. And, he occasionally has some pain. But, he's back at least 75% of where he was. DRs don't know how this could affect him in the future, but none of us have a crystal ball. The possibility does exist that problems could arise somewhere down the road as a result of the accident. He also missed a semester of classes as a result.
Here's the kicker. The girl was cited as being in the "wrong". The girl didn't have insurance. Moreover, she's from WI, and as such is technically an out of state resident also attending Purdue. Parents can't be held liable since she's over 18. She hasn't got anything that could even remotely be considered a worthwhile asset to go after.
For all intents and purposes, aside from a ticket and a fine for her transgressions, she's off free and clear.
My nephew, being a pedestrian, really has no recourse here. His health insurance (which is through my sister) covered his medical bills. But, he gets no compensation for tuition paid (which he couldn't use since he was infirm). No consideration given if he runs into problems later on in life. And, while I'm not a big believer in trying to award someone a monetary value for pain and suffering, he certainly suffered.
Where does he go (and how should my sister proceed on his behalf) from here? What are his options?
#143 of 159 Re: advice.... [graphicguy]
Mar 26, 2010 (9:00 am)
I posted an answer to this in Stories from the sales Lines, or whatever it is called...
#145 of 159 uninsured driver caused accident
Nov 30, 2010 (12:38 am)
Last week an uninsured driver caused the accident I was in. Although I had insurance, it was only no fault. I had plenty of liability for the other driver but nothing for myself.I did not know about uim damage.This lady did plenty of front end damage to my car and only minimal damage to her own. My insurance company is still working on the claim.(Usaa) They suggested that I do not contact her until they are finished with the claim. The officer that came to the scene gave the lady 2 tickets. 1 for causing the accident the other for no insurance. My question is how do I make her pay for my damages? I need my car repaired quickly. Do I get estimates and present them to her? Do I get it repaired myself and try to get my money back from her? Please help Michigan laws suck!!!
#146 of 159 Re: uninsured driver caused accident [reelone]
Nov 30, 2010 (1:23 am)
Nov 30, 2010 (5:37 pm)
When you say you only had "no fault" does that mean liability only to cover damages in case you hit another car???
While I do not practice in a no fault state (GA is a fault state), it seems like all you can do is repair your car and sue her if she was uninsured...of course, if she files bankruptcy, you will be S-O-L...
Yeah, that seems to be what uninsured motorists insurance is for, and why I always advocate that folks have it, altho state laws do differ as to what is needed...
#148 of 159 Hit by uninsureds motorist, what are my chances in small claims?
Feb 12, 2011 (12:02 am)
Not sure if anyone will respond but here I go.
On January 25th I was rear-ended by an uninsured motorist while stopped at a traffic light. She slid on snow and lost control of her car. Police were called to the scene. There was minor bumper damage to my truck. The officer looked at it and asked me if it was caused by her. In a shook up for being hit daze I said I didn't know if it was damage or the natural curve of the bumper. The damage was an indent on the bumper perfectly aligned with my trailer hitch so I (stupidly) though it may just be the way the bumper was designed. But I said I was not sure.
So I go home and didn't think much of it till my husband got home. He instantly say's that is definitely damage. After looking at it with a clear head I clearly can see that it is dented in! I immediately called the police officer and left a message for him that I had confirmed that the dent was caused by the accident. 11 days later he calls me back!!! He states that he was "On Vacation" okay fine whatever. So I tell him that after trying to file an insurance claim it appears that the woman who hit me gave false information. He says he'll investigate and call me back, never received a call back. I called 4-5 times during his shift and he was "too busy to talk". I actually had to go to the police station to find out what is going on.
It was confirmed that she was uninsured and that it was her mom's car she was driving at the time.
So I have the police report in front of me with a lot of incorrect information on it. Driver was not owner but report says she is. Driver did not have insurance but report says she did. Damage was done to my vehicle but report says no damage. I asked for it to be amended and was told no.
Filing a claim with my own insurance company is not going to happen. I am not going to pay a deductible and risk a rate hike or being kicked off our insurance. This was her fault and she should pay! So I am planning on filing a small claims case against the driver for the damages. The amount is not very much but still worth it in my opinion to file a suit.
I am not really worried about much else than the police report stating no damage. (which the officer refuses to amend even though he confirmed with me verbally that he saw the damage)
So based on the evidence I have what are the chance I will win a small claims case against her with the police report written wrong?
Thank you to any who read and respond. Hopefully what I wrote makes sense, sorry I ramble a lot.
Feb 12, 2011 (5:50 am)
I appreciate your situation, but the "police report written wrong" was apparently because you had no idea if the vehicle bumper was damaged or designed that way...that says to me that this damage is so minor it almost doesn't matter...while the other driver should be cited (and fined) for false information, you will have a battle proving the damage when, at the scene, you didn't even know...
I can also appreciate not making an insurance claim...my reco, and it's one you won't like, is to pay to fix it yourself, or, if the damage is that slight, just don't do anything at all, and learn from this experience...
#150 of 159 Re: medicjames and knoll [marsha7]
Apr 24, 2013 (4:06 pm)
and your daughter exercised poor distance judgment...unless one of thsoe neighborhood radar units can prove her speed...heh, heh, heh...
Whether the other car was going 10 under or 50 over the speed limit is irrelevant, they still had the right of way. A speeding car doesn't give you the right to get into an accident either on purpose or through negligent misjudgment.