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Posted: Sat Dec 08, 2007 7:18 pm Subject: Car Accident with no insurance

Hello,

I was involved in a car accident where I was not at fault, but the person who hit my car has a sub-standard insurance that has not paid anything since the driver of the car was not the owner and not on the insurance policy of the owner...who by the way had a suspended license at the time. This accident occured in July...I do have an attorney but he only wants to help pursue funds for medical treatment and not repair of my vehicle. I am paying a car note on a vehicle I cannot drive and I don't have the money to get it repaired. I don't know whether I should file bankruptcy or if there are any loans available for car repair so I am extremely depressed and I don't know what to do. How can I resolved this situation? What are my options? Please help!!

Posted: Sat Dec 08, 2007 7:21 pm Subject:

I don't understand why you can't sue the driver for repairs?? He hit you...he should be responsible....maybe you should consult another attorney.

Posted: Sat Dec 08, 2007 7:27 pm Subject:

Did you have insurance? I agree with Morning, I would talk to a different attorney.

Posted: Sat Dec 08, 2007 8:08 pm Subject: r

Leave it to me - I was RUN OVER by a driver with a suspended license and no insurance. My insurance company had to foot the bill, but they went after the person to get their money back. I did consult with an attorney who handled it all for me. You honestly should seek another attorney who will get after this person for ALL costs, not just medical. Just my opinion as a person who was mowed over by a person who shouldn't have been driving in the first place.

Posted: Sat Dec 08, 2007 8:22 pm Subject:

Consult another lawyer-one that will go after bodily injury & property damage.

If you are financing the car, i think your financing company/bank requires you to have coverage so if the car is totaled or needs repair, it can be done. You'll have to pay your deductable & then they will fix it. In NJ we call that "collision" coverage-not sure how other states are set up. Then the insurance company will go after the other party to get the money back-like Cannr said. Have you talked to your insurance company?

Posted: Sat Dec 08, 2007 8:25 pm Subject: r

You're right, lawn. If this person's insurance company ends up footing the bill, they will do it and then get their money back from the person who did the damage. And, you made a good point, if the person is still paying on the car, they should have "full coverage" insurance. Their insurance company can pay & then do the "dirty work" to get their money back.

Posted: Sat Dec 08, 2007 8:51 pm Subject:

Thats why I asked if they had insurance. Because I know that in my state, insurance is not a law so you have to have uninsured and underinsured insurance (if that made any sense Embarassed

) just for this reason. Plus if you have a car note they will require you to have full coverage plus they will put a GAP policy on with the note. So that if the car gets totaled then the insurance only pays so much, the GAP insurance will pay the rest of the balance of what you owe. That way the bank knows that they are going to get their money no matter what.

Posted: Sat Dec 08, 2007 9:51 pm Subject: r

You don't have to have car insurance in your state????

Posted: Sat Dec 08, 2007 10:25 pm Subject:

Nope, not a law. Which sucks because having to have that extra insurance on there is getting pretty costly. Thats why I have told my daughter you WILL NOT get into a car with someone who does not have insurance. Plus I have pounded into her head that she also needs an umbrella insurance, because your auto insurance only covers just so much for medical and if the costs go over that amount then your umbrella insurance will kick in. And thats maybe an extra buck or two each month and it is a million dollar policy. And with people being sue happy you need it because they can sue you for future wages earned until you retire and thats when the umbrella policy will kick in also.

Posted: Sun Dec 09, 2007 5:54 pm Subject: r

OMG!

I guess I've just never lived in a state where auto insurance is not required. I could not even imagine that. It kills me to pay it every month; however, it is the law. But not having it and having an accident that was my fault? Lord, I can see it now - big time trouble. I'm sure there are "sue happy people". Not that they could get a lot out of me! Laughing

But I can only imagine. Man. I didn't even know there were states where auto insurance wasn't required.

Posted: Sun Dec 09, 2007 5:59 pm Subject:

Don't all loan companies require u to carry insurance just for this reason?? If u don't get teh insurance urself, the loan company will get it for u and charge u for it.
Right??
Ang

Posted: Sun Dec 09, 2007 6:59 pm Subject:

Yes Ang, even if state law doesn't require insurance, the lender can still require is as part of the contract.

I require collision/comprehensive coverage on all my car loans - and I will even call their insurance company to verify the policy is in force before I finalize the loan. (I've had a number of people try to give me insurance cards for a cancelled policy, and I always bust them this way).

I also have a number of people that buy a 6-month policy just to get the loan, and then they stop paying their insurance and it gets cancelled. In that case, I will call them & send a letter telling them they have to reinstate their coverage before it gets cancelled. If they don't, then I do add my own single interest coverage - it gets tacked onto their loan balance and the monthly payments increase.

Posted: Sun Dec 09, 2007 7:08 pm Subject: r

So, even in states where auto insurance is not required by law, if you have a loan on an auto, then you must have insurance, right? So if you don't have a loan on the car (it's paid for), then you don't have to have insurance at all? Everywhere I have lived, you MUST have auto insurance. If you do not have a loan on the car, you at least have to carry liability coverage. If you do have a loan on the car, you must have "full coverage".

Posted: Sun Dec 09, 2007 7:56 pm Subject:

U got it Cannr! ALthough i live in a state who also requires at least liability insurance! But loan companies require full coverage until balance is PIF.
hope this helps,
Ang

Posted: Sun Dec 09, 2007 7:58 pm Subject: r

Hi, ang!

Oh, sure it'll help if I was to ever own a new car! Laughing

Don't see that happening before I die! Laughing

I'm just amazed that some states don't require auto insurance by law. Maybe I need to travel more! Wink

Posted: Sun Dec 09, 2007 8:01 pm Subject:

Well Cannr actually buying a brand new car is not a very good idea. Finding a car a year or two old is much better. Let someone else lose the money then buy it! Very Happy

I, also have never owned a brand new car and don't plan on it in this lifetime. A car that's 1 - 2 years old is brand new enough for me!
Very Happy

Ang

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