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Ok. I'd never looked but am always hearing, and seeing, that you don't have to have insurance there. But the second part about proving financial responsibility is never mentioned.
The people I see saying it usually don't look, and really don't, like they have 2 nickels to rub together let alone able to prove financial responsibility to waive insurance.
Ok. I'd never looked but am always hearing, and seeing, that you don't have to have insurance there. But the second part about proving financial responsibility is never mentioned.
The people I see saying it usually don't look, and really don't, like they have 2 nickels to rub together let alone able to prove financial responsibility to waive insurance.
That's probably because like the OP, they have no idea what the actual law is. They just heard you didn't need it and called it done.
When you have an accident while uninsured, many states will suspend your license, resulting in reinstatement fees and other requirements.
For instance, in the state I'm in, there would be several things to do: Pay $650 in re-instatement fees, carry SR-22 insurance (high-risk insurance) for 3 years, and submit a notarized agreement for reimbursement and/or release from the other parties.
Since your accident happened in another state, you might want to check in BOTH states. You can have driving privileges revoked in one state...which will at a future date affect your driving privileges in your home state. (Usually when you renew, but sometimes even before that).
I might be a little late to chime on this. I have experience working with claims like yours but in FL but based on the scenario described, it sounds like how we would handle a subro claim here as well.
Having insurance or not does not necessarily equate to who is at fault. It's common for a party not at fault to carry no insurance. Yes, you get a ticket if that is what is required by state law. The reason you carry insurance is whether you are at fault or not, your carrier is your first line of defense if you get sued, assuming the adverse party isn't suing damages exceeding the policy limits, of course. You lose that protection when uninsured. You have an option to hire an attorney out of pocket.
If you are struggling financially, you can try to negotiate. Some insurance companies wants to be paid in full, even if they drag you through the dirt. Others just wants to get as much as they can and close out the claim. You can show them your tax returns if they ask and need some convincing.
Were there any witnesses? Did the police report indicate you as the at fault party? If this was not made clear on the report, you are still liable but the question is, how much? Without witnesses, it comes down to a he say she say case. The other driver will have its burden to proof that you are completely at fault. You also have to proof how she was at fault. This gets messy and difficult. Depositions will need to be taken just to start. You are better off trying to negotiate first. If they are stubborn, just pay the whole thing and be done with it.
Understand that she is suing for the damages of her car. Without insurance, she can hire an attorney and sue you for any injuries she sustained from the accident. In FL, the statute of limitation is 4 years from the date of accident.
I might be a little late to chime on this. I have experience working with claims like yours but in FL but based on the scenario described, it sounds like how we would handle a subro claim here as well.
Having insurance or not does not necessarily equate to who is at fault. It's common for a party not at fault to carry no insurance. Yes, you get a ticket if that is what is required by state law. The reason you carry insurance is whether you are at fault or not, your carrier is your first line of defense if you get sued, assuming the adverse party isn't suing damages exceeding the policy limits, of course. You lose that protection when uninsured. You have an option to hire an attorney out of pocket.
If you are struggling financially, you can try to negotiate. Some insurance companies wants to be paid in full, even if they drag you through the dirt. Others just wants to get as much as they can and close out the claim. You can show them your tax returns if they ask and need some convincing.
Were there any witnesses? Did the police report indicate you as the at fault party? If this was not made clear on the report, you are still liable but the question is, how much? Without witnesses, it comes down to a he say she say case. The other driver will have its burden to proof that you are completely at fault. You also have to proof how she was at fault. This gets messy and difficult. Depositions will need to be taken just to start. You are better off trying to negotiate first. If they are stubborn, just pay the whole thing and be done with it.
Understand that she is suing for the damages of her car. Without insurance, she can hire an attorney and sue you for any injuries she sustained from the accident. In FL, the statute of limitation is 4 years from the date of accident.
Hope thar helped any.
you see, now this is the reasonable response I was looking for. there were tons of witnesses, but they were passing by in rush hour traffic. its a he said she said situation but everyone assumes its my fault because I rear-ended her and I had no protection(LOL). I am about to pay off the amount. it included a three day rental car. they said I was responsible for the deductible too which is bull**** but I figure they say that because they already supposedly determined it was my fault to begin with. but why do I gotta pay the $500 deductible when the insurance company already received it unless they are going to reimburse her for the deductible that she already paid? at this point I just wanna pay this off and be done with it. this has been causing me massive stress and panic attacks for months now. but now they are holding stuff up because they wanna "verify" the amount of the estimate. then they wanna charge me 4% regardless if I make payment in full one time or not. I am working 70-80 hours a week to try to stop this massive hemorrhage of money from this and the other financial catastrophies that have occurred. and of course the other driver has a late model car(2015) that her husband probably paid for, but that's another issue. prior to this summer, I was in decent financial shape so the tax returns wont help my case much. taking this to legal will take too much time and expense that I just cannot afford. right now my credit cards are the only things saving me from living under a bridge. my emergency fund was depleted months ago.
everybody in the thread doesn't realize that I want to settle up and just get on with my life. I don't need to agree with the damn decision the insurance claims douche canoe made. I don't care what you all think of my "character" and don't need to validate it. chances are, you all have done worse **** than me so don't even go there taking the moral high ground with me.
If an insured motorist is in a not at fault accident they do not pay the deductible, the at fault party or their insurer pays everything, so you should absolutely be the one paying it. Half your problem is you have no idea how insurance works, you're going off of your incorrect assumptions. And in your rant above you're claiming your monetary woes are the fault of the person you hit because they have the gall to be driving a 2015 vehicle
had an accident on july 31st on the interstate in the state of maine to put the diarrhea icing on the **** cake of an awful summer.
rush hour traffic 45-50mph average speed
I was in the left lane. lady in an suv stopped abruptly in front of me in the lane and swerved left. I was about 3 car lengths behind in almost bumper to bumper traffic. I slammed the brakes to swerve further left towards the left shoulder but still rear-ended her, totaling my car. of course everyone was gonna say it was my fault. no injuries and I was wearing seat belt. got a citation for no insurance because I was between insurance companies go figure. also got cited for following too closely which is bull****. it was rush hour traffic and I was following at the distance everyone else was following each other. apparently she was avoiding someone else in front of her. but there was not much damage to the rear of her car after the collision, so how can it be $1800 unless there were actual mechanical issues with the car and not body issues. I really didn't see any visible dents.
they are sending an estimate from the law office on behalf of the insurance company claim for about $1800+ for which I can make installment payments or pay it off in full. there is a 4% admin installment fee so im thinking save the $75 and pay it off in full with my credit card. the credit card is a new one with a 0% promo rate for 12 months so I got that covered for all you financial dave ramsey worshippers out there that think cc's are da debil. cuz I cant pay that off in one month. got other debts from the summer because I blew through my emergency fund when I busted my elbows. consequently had to finance another car.
before I do this, I requested to see a copy of the estimate. is there any legal recourse that I have? I know attorney fees blah blah blah and I didn't have insurance at the time. but do I have to suck it up and pay the entire estimate even though the accident was not technically my fault? the weather was good, sunny, no rain. thanks
this is my first accident ever and ive been driving for at least a decade so obviously it was her fault.
edit: yes I know I should have had insurance. stop saying this. it is not helpful. in spite of that, I was wondering if there was anything I could do to mitigate the cost of this whole accident.
Wow, who knew you become immune from responsibility with regards to driving depending on how long you've driven and how many accidents you've had. I've been driving for 37 years with no accidents. Does that mean I'm not at fault if I happen to rear end someone? Hardly.
What recourse to do you have? Pay it and consider yourself lucky that she wasn't physically injured. Blah, blah, blah, you didn't have insurance. Yea, I'm going to say it again. Because drivers without insurance are the worst. Funny, the "only" time you were between insurance is when you "happened" to get in an accident. I think it's more likely you play fast and loose with insurance, and just go with the odds.
I'm taking her side on this. You hit HER, you have no insurance, and you want to cheap out? What, she should pay the balance? I'm of the opinion that you should pay triple if you cause damage to my car and have no insurance. It's the LAW.
What part of you got cited for following too closely don't you understand. If you can't convince the police at the scene that wasn't your fault, no strangers on the Internet who wasn't there going to agree with you.
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cuz I cant pay that off in one month. got other debts from the summer because I blew through my emergency fund when I busted my elbows. consequently had to finance another car.
