Chrome Posted February 14, 2013 Report Share Posted February 14, 2013 About 2 weeks ago I was driving east on broad st and had a kid swerve into my lane and clip the front of my truck. We pulled over and I got all of his info. I called his insurance company (safe auto) and filed a claim. When he got out of the car after the incident he implied that it wasn't his car (GREAT!). So I just got a call yesterday from SA and they said that since the car he was driving wasn't insured under his policy they will not be covering the damage done to my truck. The owner of the car had no insurance! So what are my options? I know I can call my insurance company and file a claim for under insured/ no insured driver, but I will have to pay the deductible, it will only be $250 I'm told. Should I get a few quotes and send a certified letter to the kids house threatening to sue him if he doesn't pay for the damages.Or lastly (the one I was close to yesterday) going to his house and beating his ass severely until I feel I get my monies worth. I have all of his information off of his drivers license and from his insurance card.Name, address, telephone # everything.What should I do????Had to write this today because I was so pissed off yesterday I was seeing red!!!!Ok rant over Quote Link to comment Share on other sites More sharing options...
J_Copeland Posted February 14, 2013 Report Share Posted February 14, 2013 With State Farm,they fixed my car and then went after the other person to recoup for the damages. Quote Link to comment Share on other sites More sharing options...
CBBaron Posted February 14, 2013 Report Share Posted February 14, 2013 This is why you need a police report for any incident. So basically he was driving uninsured which is a big no no.Seems like your best bet to get any money is going through you insurance. Usually the recommended way even if you are not at fault. They deal with the other party for you.Unfortunately beating up the kid only hurts you (though it may feel good ), but I know you were not serious about that. Perhaps someone with experience can give better advice.Craig Quote Link to comment Share on other sites More sharing options...
jbot Posted February 14, 2013 Report Share Posted February 14, 2013 like j_copeland says, this is why you've been paying insurance, for moments like these. sit back, and watch them work his swerving ass over. it'll probably be worse than what you could do (without going to jail over a fender bender, anyway)you can poop on his car though. Quote Link to comment Share on other sites More sharing options...
conn-e-rot Posted February 14, 2013 Report Share Posted February 14, 2013 Pay the deductible and forget about it even if you did sue chances of getting your money back is slim. If you show up at his house you could be in a world of trouble not worth $250. Quote Link to comment Share on other sites More sharing options...
2talltim Posted February 14, 2013 Report Share Posted February 14, 2013 Yup $250 is a small price to pay to let them deal with it Quote Link to comment Share on other sites More sharing options...
conn-e-rot Posted February 14, 2013 Report Share Posted February 14, 2013 yes jbot is right you could always poop on his car Quote Link to comment Share on other sites More sharing options...
Chrome Posted February 14, 2013 Author Report Share Posted February 14, 2013 Ok ok. I could poop on his car, but he wasn't driving it! I was kidding with beating his ass. Though I really wanted to. My insurance said I might get my deductible back after a while. Anyone ever received there's back after they went after their insurance? If so how long did it take? I tried to call the police but they were only taking injury accident reports at the time. I should have claimed I was injured. Quote Link to comment Share on other sites More sharing options...
Chrome Posted February 14, 2013 Author Report Share Posted February 14, 2013 Just got off of the phone with my insurance company, deductible is $500. I may or may not see it back it just depends on if the other driver pays it. She also said that since he was driving a car that was not insured under his policy or anyone else's policy that the will get turned into the law and loose his license. And most likely dropped from SA. So in the end he will get what he deserves. Quote Link to comment Share on other sites More sharing options...
CBBaron Posted February 14, 2013 Report Share Posted February 14, 2013 Just got off of the phone with my insurance company, deductible is $500. I may or may not see it back it just depends on if the other driver pays it. She also said that since he was driving a car that was not insured under his policy or anyone else's policy that the will get turned into the law and loose his license. And most likely dropped from SA. So in the end he will get what he deserves.Good to hear a police report was not needed for him to get his due (at least as far as the law is concerned)In his defense he may not have realized that he was not covered when borrowing a friends car. I guess the "friend" has a damaged car and no help paying for it to help him learn his lesson.Craig Quote Link to comment Share on other sites More sharing options...
Cheech Posted February 14, 2013 Report Share Posted February 14, 2013 Just got off of the phone with my insurance company, deductible is $500. I may or may not see it back it just depends on if the other driver pays it. She also said that since he was driving a car that was not insured under his policy or anyone else's policy that the will get turned into the law and loose his license. And most likely dropped from SA. So in the end he will get what he deserves.That might be, but you'll still be left with a busted up car.You're asking for bonafide legal advice, whether or not to pursue civil action against the idiot yourself or to take the out that your insurance gives you, pay them their $500 (you can call it a retainer if you'd like), and let them do their thing. In order to properly make this decision, I would need 2 pieces of information that you probably won't get from a interwebs forum: 1) If I were to pursue legal action on my own, what would lawyer fees/retainer run me, and 2) if I were to pay my insurance to do it, what ramifications would that have on my future rates. Whatever is the lesser of the two, I would pursue. Quote Link to comment Share on other sites More sharing options...
Limenine9r Posted February 14, 2013 Report Share Posted February 14, 2013 My lil bro is on a three day unpaid leave (suspension) from work right now because he punched a disrespectful fuck off in the nose. While At Work..... It's bad times all over.... They called him yesterday and told him that they've reviewed his almost (19) years worth of personnel records and since there is no prior incidents they will NOT terminate my brother IF he signs a "last chance" document releasing the employer from liability if broke nose decides to sue....bad times .... Quote Link to comment Share on other sites More sharing options...
conn-e-rot Posted February 14, 2013 Report Share Posted February 14, 2013 You might want to check into lowering your deductible after the repairs it might not be saving you much having a $500 deductible Quote Link to comment Share on other sites More sharing options...
Scruit Posted February 14, 2013 Report Share Posted February 14, 2013 Let your insurance handle it. They will (should) sue him for the cost of repairs. The first $500 he pays will (should) go back to you.The judge will (should) order that his license be suspended until the damages are sorted out (paid in full or a payment plan is agreed upon). Quote Link to comment Share on other sites More sharing options...
Scruit Posted February 14, 2013 Report Share Posted February 14, 2013 My lil bro is on a three day unpaid leave (suspension) from work right now because he punched a disrespectful fuck off in the nose. While At Work..... It's bad times all over.... They called him yesterday and told him that they've reviewed his almost (19) years worth of personnel records and since there is no prior incidents they will NOT terminate my brother IF he signs a "last chance" document releasing the employer from liability if broke nose decides to sue....bad times ....What does that have to do with an uninsured crash? If the company has any liability then your brother cannot disclaim that. I guess they're trying to get him to agree to indemnify them against a claim (he pays them back if they have to pay out). If the punchee is racking up medical bills then your brother needs to talk to a lawyer. Vicarious liability is a complex area of law. Quote Link to comment Share on other sites More sharing options...
r1crusher Posted February 14, 2013 Report Share Posted February 14, 2013 Pay your deductible, get the car fixed. Then take him and his friend to small claims for the deductible. Quote Link to comment Share on other sites More sharing options...
conn-e-rot Posted February 14, 2013 Report Share Posted February 14, 2013 Pay your deductible, get the car fixed. Then take him and his friend to small claims for the deductible.Does small claims even do any good if the person has nothing to begin with? Quote Link to comment Share on other sites More sharing options...
Scruit Posted February 14, 2013 Report Share Posted February 14, 2013 Pay your deductible, get the car fixed. Then take him and his friend to small claims for the deductible.Pay the deductible, get the car fixed, then let your insurance company take him and his friend to small claims for the deductible. Quote Link to comment Share on other sites More sharing options...
Scruit Posted February 14, 2013 Report Share Posted February 14, 2013 Does small claims even do any good if the person has nothing to begin with?In an uninsured motorist case they can suspend the DB's driver's license until the damages are paid (or a payment plan is agreed upon). Even if you don't get you're money you have the satisfaction of knowing he's not driving*.* Driving uninsured, but looking over his shoulder and crapping his pants every time he sees a cop. Quote Link to comment Share on other sites More sharing options...
conn-e-rot Posted February 14, 2013 Report Share Posted February 14, 2013 In an uninsured motorist case they can suspend the DB's driver's license until the damages are paid (or a payment plan is agreed upon)uninsured is criminal which I'm not sure they could get him with since he is technically insured but safe auto only insures you in your vehicle he might get off on technicality ..... but if you were to take joe blow to small claims for something else and they order him to pay $500 but he has nothing what good does it do? does he get stuck having a judgement showing on his credit? can they garnish wages for a matter like this? Quote Link to comment Share on other sites More sharing options...
Scruit Posted February 14, 2013 Report Share Posted February 14, 2013 (edited) uninsured is criminal which I'm not sure they could get him with since he is technically insured but safe auto only insures you in your vehicle he might get off on technicality ..... but if you were to take joe blow to small claims for something else and they order him to pay $500 but he has nothing what good does it do? does he get stuck having a judgement showing on his credit? can they garnish wages for a matter like this?The judge in a civil suit can suspend his driver's license indefinitely until payment is made or a payment plan agreed upon, as a measure to enforce payment. This is different from getting a ticket for no-insurance and getting a predetermined length suspension as a punishment.I was an eyewitness in an accident in a parking lot. The police didn't ticket the guy for anything and his uninsured status only came up later. The victim driver claimed against her insurance and I was called as a witness in a civil trial for the cost of the repairs. He was ordered to pay the full amount, plus her deductible. His license was suspended (the judge makes a request to the BMV, they honor that request). As it happens, he never paid anything, and whenever they found out where he worked he'd quit when the garnishment order was filed. He still has no driver's license. ** SEE EDIT BELOWFor most folks, though, the suspension thing should do the trick.**EDIT: Apparently they can only suspend for 2 years:http://www.bmv.ohio.gov/security_suspension.stmSecurity Suspension Ohio Revised Code Sections 4509.11 through 4509.291 A Security Suspension results from property damage exceeding $400.00 and/or a personal injury claim filed by a State Crash Report. There is a statute of limitations stating we can only suspend driving and registration privileges for a period of two years from the date of accident. Edited February 14, 2013 by Scruit Quote Link to comment Share on other sites More sharing options...
ohiomike Posted February 14, 2013 Report Share Posted February 14, 2013 Isn't it a law here in Ohio you have to have your car registered and insured unless its stored inside? So, technically, the only illegal part of this is the car that was being borrowed was uninsured. The guy driving it could just say he didn't know it was uninsured. The owner of the car that got his car hit is going to have to turn it into his insurance and pay the deductible. - The uninsured clause is only going to recover the deductible and any injuriy costs.- Then go after the driver that hit you in small claims court. But it might be hard to prove. Unless you have witness's or got a police report its your word against his. Quote Link to comment Share on other sites More sharing options...
crb Posted February 14, 2013 Report Share Posted February 14, 2013 (edited) This doesnt make sense. From my understanding I am covered in anybody's vehicle. I don't carry state minimum though. My SIL got dinged because she was driving an uninsured car and she didn't have insurance either since she didn't have a car. She lost her license for a year I believe, but got a to work permit. I didn't know until then that there were policies to cover you even without a car. Remember in Ohio your insurance follows your car. If you let someone borrow your car they borrow your insurance as well. Learned that one the hard way (SIL again)I don't think we were charged a deductible when my SIL bumped someone while driving our car. Wonder if they charged the deductible to her. Hmmmm Edited February 14, 2013 by crb Quote Link to comment Share on other sites More sharing options...
ohiomike Posted February 14, 2013 Report Share Posted February 14, 2013 My wife is not home so I can't ask her...lol...but it seems if the car you borrow is not insured then your car insurance kicks in. But you are not required to have car insurance. You might not even own a car, but are a licensed driver. So how could you be required to be insured. I have read and listened to insurance law from my wife and its some crazy bs. What's crazier is every state is different.I know some stuff, but not everything. If I don't know, which I usually don't, I ask her. She has been in the industry for 35 yrs and knows quite a bit. Quote Link to comment Share on other sites More sharing options...
crb Posted February 14, 2013 Report Share Posted February 14, 2013 (edited) The driver is responsible in the end for not driving without insurance at least from my understanding (in ohio). Yes insurance laws are crazy. New York is a no fault state because so few have insurance. Edited February 14, 2013 by crb Quote Link to comment Share on other sites More sharing options...
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