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Sorry, I didn't know where exactly to put this. If it needs to be moved feel free.
I am wondering what standard procedure is when there is an accident and both drivers are insured.
Here's the deal:
In November 08 I was rear ended by a guy in a pickup truck who BARELY even hit the brakes. I don't think he saw me until the last minute. I was stopped, waiting to turn left (no turn lane). He sent me flying, my son ended up with a broken leg, the car was totaled. The other guy wasn't hurt.
So there was a lot of adrenaline and fear going on as I and others who were nearby (people from a church across the road where church had just let out) tried to make sure my son was not more seriously injured and all that. The police came and dealt with the other guy. It was clearly his fault. I didn't speak to him as he didn' speak English and I was soon out of there anyway accompanying my son to the hospital.
I assumed, after the fact, that the guy hadn't had insurance, because I figured if he did, they would have contacted me. I never got an accident report either. Didn't see any point since I was only carrying liability insurance on MY car.
I just figured I was stuck with the loss of the car and my own medical bills (no health insurance and I was examined at the ER and charged a bundle for the exam and whatnot)...
Now, someone has told me that the guy might have had insurance but just didn't report the wreck to his insurance company and I should get an accident report and find out.
Is this true?
I would assume that had he been without insurance, the cops would have towed his truck, but I didn't hang around the scene long enough to see....
On a related note, even if he didn't have any insurance, is there any hope of having him pay for my car and medical bills at least? I mean, I'm guessing I can get a judgement but can it be enforced where I'll get my money? It wasn't an expensive car but I had only owned it less than a year, paid cash for it, and it created a definite hardship for me to have to buy another car right away to get to work.
It's been almost 2 years and I believe the SOL is 2 years here. Just wondering if I should bother.
Did you call your insurance company and let them know about it? I woud try to get a report from the police asap. Then try to find out if the other guy had coverage.
Did you call your insurance company and let them know about it? I woud try to get a report from the police asap. Then try to find out if the other guy had coverage.
Yeah, I called my insurance at the time, but since I had nothing but liability it was just "okay so we'll take that car off your policy"... and that was that.
I'm going to get a police report. I'm just wondering if the guy's insurance company would have contacted me IF he did have insurance? When I didn't hear from any insurance company I assumed he had none, but maybe that was the wrong assumption.
At the time I just figured it was pointless to mess with it. I started a new job the DAY after the wreck, and I suddenly had to deal with no car, a new job, and an 11 year old with a broken leg who normally took the city bus to school with his older brother. I had to find another car, not miss any work, and find someone to care for my son during his recuperation. It was a sucky couple of months for sure!
Your's should have gotten the other driver's info from you to follow up with a payment from his. You're owed the value of the car, or to fix it, from his insurance. If he had no insurance many states require you to carry uninsured motorist coverage to cover that situation.
Sorry, I didn't know where exactly to put this. If it needs to be moved feel free.
I am wondering what standard procedure is when there is an accident and both drivers are insured.
Here's the deal:
In November 08 I was rear ended by a guy in a pickup truck who BARELY even hit the brakes. I don't think he saw me until the last minute. I was stopped, waiting to turn left (no turn lane). He sent me flying, my son ended up with a broken leg, the car was totaled. The other guy wasn't hurt.
So there was a lot of adrenaline and fear going on as I and others who were nearby (people from a church across the road where church had just let out) tried to make sure my son was not more seriously injured and all that. The police came and dealt with the other guy. It was clearly his fault. I didn't speak to him as he didn' speak English and I was soon out of there anyway accompanying my son to the hospital.
I assumed, after the fact, that the guy hadn't had insurance, because I figured if he did, they would have contacted me. I never got an accident report either. Didn't see any point since I was only carrying liability insurance on MY car.
I just figured I was stuck with the loss of the car and my own medical bills (no health insurance and I was examined at the ER and charged a bundle for the exam and whatnot)...
Now, someone has told me that the guy might have had insurance but just didn't report the wreck to his insurance company and I should get an accident report and find out.
Is this true?
I would assume that had he been without insurance, the cops would have towed his truck, but I didn't hang around the scene long enough to see....
On a related note, even if he didn't have any insurance, is there any hope of having him pay for my car and medical bills at least? I mean, I'm guessing I can get a judgement but can it be enforced where I'll get my money? It wasn't an expensive car but I had only owned it less than a year, paid cash for it, and it created a definite hardship for me to have to buy another car right away to get to work.
It's been almost 2 years and I believe the SOL is 2 years here. Just wondering if I should bother.
If there was a police report, and it was found that he was at fault, his insurance company is liable to pay any and all expenses.
I had virtually the same thing happen to me several years ago - in that somebody rear-ended me at an intersection (the light had just turned green and I was waiting for the cars in front of me to go). I was not hurt. However, his insurance company paid "book value" for the car I was driving, even though I only carry liability insurance.
You should have been on top of this immediately. Hopefully it's not too late. But keep in mind that no insurance company is going to willingly look out for you, and willingly pay you money if they aren't forced to. Insurance companies are NOT your friend.
Your's should have gotten the other driver's info from you to follow up with a payment from his. You're owed the value of the car, or to fix it, from his insurance. If he had no insurance many states require you to carry uninsured motorist coverage to cover that situation.
Yeah would you believe, it was USAA!?
I don't think the Uninsured Motorist is required. I just got insurance recently (after a while of not having a car in my name that ran) and it was optional.
As for the last post (OmahaRocks), thanks... and of course I realize NOW that I should have been on top of this but as I said, at the time I assumed the guy didn't have any insurance, and I figured if he DID then I'd have heard something... it never occurred to me that he could have had it but just chose not to report it, waiting to see what I'd do. My car was worth probably $2200 (but I'd paid $1500 for it), my kid was covered under other health insurance, I was out the car and stuck with ER bills. LATER on I have started havign medical problems that I don't know if they are related or not to the wreck. It's been suggested to me that they might be... but at the time I just needed to get to work and on with life.
So I didn't think there was much point in pursuing it. Me: insured, liability only, Other guy: uninsured (I assumed), driving an older truck, I figured it was just the roll of the dice and I needed to cut my losses and move on.
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