WHAT DO YOU DO IF HIT IN CAR ACCIDENT AND PERSON WHO HIT YOU HAS NO INSURANCE!!!

[tashamjoy]

I was hit two weeks ago when a car reversed into me not my fault and they said they did not have insurance "on them" but when i got police report finalized after 2 long weeks they said she still did not have insurance !!! does anybody know what i should do. I do have insurance my car is not terrible it is still fully functional but I do not want to pay a 500 dollar deductible because it is not my fault but she has no insurance so cant pay what do i do? Just leave the car as is then if i do not want to pay deductible ?

[jowbow]

file a claim under your insurance for uninsured moteriest.

[swogden]

Depends on how much time and effort you want to go through to recover the cost of getting your car fixed.

If you got an estimate and the the cost is less than the deductible, you can sue the other person in small claims court for the expense you actually incur.  Check the internet for information about procedures and limits for small claims court.  (Would expect you could sue for the deductible and court costs even if the cost of repair exceeds the deductible and your insurer picks up the excess.)

Of course, even if you win in court, there's no guarantee that you would be able to collect.  If the other driver couldn't afford insurance, there's a good possibility s/he won't have funds to pay you.

Since you have insurance, you would only be able to sue for your out-of -pocket expenses.  Your insurer would be covering the cost of repair in excess of the deductible.

I'm glad to hear that your car is still fully functional and that neither you or the other party did not have any physical injuries to deal with.

[swogden]

file a claim under your insurance for uninsured moteriest.

I think tashamjoy would still have to pay the deductible, but it makes sense to find out whether the uninsured coverage under her policy covers the cost of the deductible.  The only time I've had the deductible waived was when both parties were covered by the same insurer.

[tashamjoy]

Thanks so much for your help!!! I truly appreciate it !!! I do not want to be mean and sue but it definitely ruined my car and lowers its value and just do not want to have to pay for something that is not my fault but I guess thats just life and should just be happy nobody was hurt =)

[rricardi58]

As far as I am concerned, I think it should be regarded as a crime (misdemeanor of course), since in my opinion it is the same as a hit and run.  At the very least, if you are involved in a car accident, your license should be taken away for at least a year or until you get insurance. It is not fair to those of us who have insurance and are innocent in a car accident due to someone else's negligence and irresponsibility.  Maybe I am a little cold, but somehow the person who hits another person should get some punishment.

[potluck6]

my husband has coverage for uninsured motorist it is only about 9.00 every 6 months. I thought it was a waste of money but now maybe it isn't . They should pay for repairs themselves some times people do this to avoid insuranece co's

[dauna]

If you haven't already done so, check your policy.  Some policies have a different (i.e., lower) deductible under uninsured motorist property damage, and your policy may not have a deductible for this coverage at all; this will vary depending on your carrier.  If your insurance pays they will usually subrogate the claim, which means they will go after the other party for reimbursement.  This is why uninsured motorist coverage is available (and usually mandatory) on your policy.  Good luck.  I had a run-in (literally) with an uninsured motorist several years ago; I know what a hassle it is.

[pattersondebra]

Call your insurance company and file a claim against them. There are lawyers that are willing to take these cases.

[Tresbn00]

I think that you have to grin and bear it if you don't carry uninsured motorist coverage.  We pay about thirty dollars a month for it. My wife has been in four vehicular altercations in the last two weeks.  A deer ran into her causing two thousand dollars in damage, a car hit her car and took off-eighteen hundred dollars, someone backed into her in a parking lot eleven hundred dollars and she hit someone that was going the wrong way down the road sixty seven hundred dollars. Each of these came with a seven hundred and fifty dollar deductible. Three thousand dollars out the window in two months for deductibles. They should have just totalled the car after this last accident.

[cathy37]

I have never had this happen to me.  I thought that everyone was suppose to have insurance or they could not get a license plate.  I also thought that if you lose your insurance they come and get your plates so you can't drive.  That is why insurance rates are so high.  People who do pay for insurance have to pay because others don't.  Not fair to the ones who pay for insurance.

[bigedshult]

THAT WHY U PAY FOR UNINSULATED JUST THING LIKE THIS.THEN TAKE THEM TO COURT BY SUING FOR YOUR DAMAGES TO YOUR CAR AND YOU

[mgint]

talk to a lawyer people who have no insurance probably don't have a lot of money so you me be stuck with bill.

[lvstephanie]

Several years ago I was in an accident with an uninsured driver who was making a left turn and T-boned me (again, their fault for not yielding).... Since my car was damaged pretty badly, I filed with my insurance company. Although I had to pay the deductible up front, the insurance company went after this motorist and set up a payment plan with them to have them pay for the damages. And the first thing that the insurance company did was to pay me back (in small chunks) the deductible. So by working with my insurance company I was able to get my car repaired and let the insurance go after the other motorist (I'm not sure if they settled out of court, but even if so, I'm sure they'd go to court if need be). Part of what you are paying your insurance for is that they will go to court for you, so you don't have to take time off of work to appear in court, or spend extra money for a lawyer. You may also want to check what the laws are in your state.... Some states are "no fault" states in that even if one person in an accident is clearly in the wrong, the person at fault doesn't have to pay for the damages to both vehicles (I still don't understand that  ).

[moonangel]

my sisters car was hit in the middle of the night while she was sleeping the drunken man crawled onto her porch she thought he was hurt so she called the ambulance  then she called her dad  he called the police ( she was just 18 and had just moved out on her own)  the ambulance beat the police and took the man to the hospital dad and the police showed up at the same time  the police went to the hospital to find the man but he had already been released he did live in town but never went back to his house very long story made short they never found him police told her dad that he had to track down the man if they wanted him to fix it dad did track him down once but before police got there he moved again she ended up fixing her car herself.  we really live in a crappy town