Car Accident with no insurance

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.

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

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.

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?

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.

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 :oops: ) 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.

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

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.

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

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

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.

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".

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

Hi, ang! :D Oh, sure it'll help if I was to ever own a new car! :lol: Don't see that happening before I die! :lol: I'm just amazed that some states don't require auto insurance by law. Maybe I need to travel more! :wink:

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! :D 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!
:D
Ang

I'm with you, ang! Mine is a 1993 and it's just fine. As long as it gets me where I'm going, I am a happy camper! I had a little beat up Ford Escort that I got for $500. I was so thrilled with that little car. Had every problem in the world, but nothing major. It ran. It got me where I was going. It was dirt cheap and then some IDIOT nailed me going down the road and totaled it! I was so mad! Mad about my little $500 beat up car! :lol:

Those three-figure beaters can be some of the best cars. I drive a '93 Voyager for when it's snowy or I have to haul momma or the kids. $1160 off the lot three years back. Purchase price, tax, and registration included. So far, $200 in repairs for a rusted-out oil pan. Cheap to operate, register, and insure, too.

No lie, wulf. I was just as happy as could be! My insurance was low, my car taxes were low. It was great! Then some idiot had to smash my little piece of crap up! :lol:

Well i can do one better on u 2, years ago hubby bought a car for $150.00! ha ha NO lie, $150.00!! Not a thing wrong with it, cept it was U-G-L-Y! He cleaned it up, repainted it (machine shop grey) ha ha and drove it for 3 years then sold it for $2,000! :shock:
Ang

What??? :shock: Now that's the kind of car I want! :lol:

ha ha Cannr! Well if u can handle U-G-L-Y!! And i mean VERY!
:lol:
Ang

I know here in Indiana they have commercials on TV all the time. It's the law to have insurance.. they will check when they stop you. Also we have to put a policy number on the car registration...but again unless the BMV or an officer stops you and checks with the insurance company who knows if the policy has expired or not???

Well the way it works here Laura, in Louisiana, if ur insurance expires the ins co sends it to the state (DMV) and they pull ur license plate on the car that is uninsured. But just in case, we carry uninsured motorist insurance on our vehicles.
Not sure how it works anywhere else.
Ang

Ang..that is the best policy but we have had so many problems with our BMV that this is better than no law at all about insurance. They have got a reputation in this state of threft in the bureau and insuring illegal immigrants..etc. So they're better now...however (getting back to the original post) this person's insurance should handle the situation for her. I know my husband was in was hit by an uninsured driver..and our ins. agent told us the company would handle it...he did...we got repaired immediately and they went after the uninsured driver.

Yes that's how it works Laura. Ur insurance company will take care of repairing ur car and they will go after their money from the responsible party of the accident.
:D
Ang

i was involved in a accident 1 month ago. the driver doesnt have license no insurance and he isnt the owner of the car. now my insurance wants me to pay for the repair because of the deductible is $1000!!!!! and the damages are less!!! i tried to talk to the driver that hit me but he refuse to pay for the damages.. what can i do? can i file a small claim.. im sorry my english is not so good..

Yes you can file a claim in court.

It also depends on the insurance company. Lets say my friend is driving my car and gets into an accident an I gave my permission to let her use the car, my insurance will cover the accident. So you may want to check out the owner of the car.

Good luck and I hope you didn't get hurt in the accident.