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Rear Ended by Driver w/no Insurance or License

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J

jewels5599

Guest
A few days ago I was rear ended by a car that hit me at approx. 35 mph, which in turn i collided with the car in front of me. They did not even touch the brakes before they hit me. Driver that caused the accident was taken to the hospital. The passenger of my car & I ended up at ER with whiplash and back pain. Three other people were in my car including my 6 year old son. This woman that hit me was ticketed for no insurance, expired D.L. and careless driving. The thing that scares me is that the tow truck driver informed me that he has seen this woman cause 3 accidents within a few months. I have $500 ded. for my car plus I have had a rental for a week with my car in the shop and haven't even been informed of an estimate yet. They said my car would take about 2-3 weeks to fix. I have never been in this type of accident before and this is why I am asking for some advice...

1. How would I go about getting back any out of pocket money spent?
2. Are they going to try to get me to pay for the car that was in front of me?
3. Why didn't they give her an alcohol test?

We just went through a hurricane down here in Florida (Frances). We had just filled up gas tanks for our generators which could have easily exploded from her carelessness.

Any information would be greatly appreciated. TIA
 


JETX

Senior Member
jewels5599 said:
How would I go about getting back any out of pocket money spent?
Depends on the 'out of pocket', but your insurance should cover repairs to your car and the rental reimbursement under your uninsured coverage.... after you pay the deductible.

Are they going to try to get me to pay for the car that was in front of me?
Based solely on the information in your post, probably not.

Why didn't they give her an alcohol test?
How do you know they didn't?? Could have done a BAC in the hospital.
 
J

jewels5599

Guest
Florida is a no fault state. I received the police report yesterday and there was no alc/drug test done. I have full coverage with Allstate but that does not include rental or uninsured motorist (which I added on the day after this accident). Out of pocket would be the $500 ded., the rental for how ever long I am without a car and any hospital/dr bills. I just want things to be how they were a month ago. I am 27 years old. I am not used to waking up with back/neck pain. What I don't understand also is that now her license is Valid!
 

JETX

Senior Member
jewels5599 said:
Florida is a no fault state.
And nothing in my post said otherwise. However, since you decided to NOT answer the state question properly at the FRONT of your post, it wouldn't be unusual for someone to NOT realize that Florida was the applicable state.

I have full coverage with Allstate but that does not include rental or uninsured motorist (which I added on the day after this accident). Out of pocket would be the $500 ded., the rental for how ever long I am without a car and any hospital/dr bills.
Since you opted out of those coverages, you are SOL. That is the risk you take when you decide to NOT insure.

What I don't understand also is that now her license is Valid!
Talk with your state legislature. They are the ones who make the laws allowing leniency towards DUI drivers.
 
J

jewels5599

Guest
Wow JETX... A little harsh are we?! If you would have read my post it would have mentioned that I was in Florida. I am not a "regular" on these posts and I did not see any question that asked for my state.

Being SOL about the uninsured motorists and the rental car... I have Full Coverage... which in turn I thought covered those also. From this I will learn the hard way that they were not included. I would not have to pay any $ out of pocket for rental or deductable if this lady would not of hit me. Am I wrong to say that she should pay for these and the dr bills?!?
 

Tayla

Member
Let me preface with the following:
Questions about U.S. law ONLY. Please Include your state, be civil, brief, and to the point, and use lower case letters. Did you also notice in big Ole Red Letters: ***Please include the name of the appropriate state as the laws often differ*****
This is written at the TOP of the page and anytime a response is posted. Given this, JETX was in the right to respond as he did.

You do have Legal recourses to take even IF your insurance didnt cover all matters. Think claims court.

OP said: "I would not have to pay any $ out of pocket for rental or deductable if this lady would not of hit me"

My response: You have officially passed the point of stating the obvious.
 

JETX

Senior Member
jewels5599 said:
Wow JETX... A little harsh are we?!
Nope, not at all. If you think that my response was harsh, you should see some of the really good ones!!

If you would have read my post it would have mentioned that I was in Florida. I am not a "regular" on these posts and I did not see any question that asked for my state.
Though you claim to have not seen it, EVERY window when you start a new post says: "What is the name of your state?" as the FIRST question. Not only did you not answer that... you even went to the trouble of purposely deleting it. And yes, it is on EVERY new post window!!!
 
L

Lynnbear

Guest
Basically, you're going to have to sue her. Hopefully you can or have gotten her contact info?
 
J

jewels5599

Guest
Yes, I received the police report that has all of her information.
 
Not that this has anything to do with anything, but JETX, when I post, that "What is the state you are in?" line does not come up. It used to, a few months ago, but does not now for some reason...so it may not be just her...


Anyway, to the poster, I am not lawyer, but you can sue her and hope she has a few hundred bucks laying around. As for that insurance, there are so many bad drivers and uninsured drivers out there, that having insurance without rental and uninsured motorist coverage is like being naked on the beach in a hurricane(like the analogy?). (I truly do sympathize with you , though)

Good luck!
 

JETX

Senior Member
DrewfromCA said:
Not that this has anything to do with anything, but JETX, when I post, that "What is the state you are in?" line does not come up. It used to, a few months ago, but does not now for some reason...so it may not be just her...
Drew, I guess you must have some 'magic' link into the forum, since the state 'prompt' is coded right into the software. It is asked on EVERY new post that starts a thread (it does NOT appear when someone is REPLYING to an existing thread).

Also, for every new post AND reply, the following RED text is displayed in bold red text just above the text window: *** Please include the name of the appropriate state as laws often differ.***
 

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