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Need Advice, a company car w/o insurance

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elliot36

Junior Member
Need Advice, hit by a company car w/o insurance

What is the name of your state (only U.S. law)? MASS

I was hit by a commercial passenger VAN when he made illegal right turn on left lane on 12/04. The damage was front bumper, side fender, cracked transmission cooler, estimated about $2000 damage to my mini-van. The cop came, found him at fault and cited him. (The driver didn't speak English but Spanish). Took down information and I got the crash report 2 days later. Upon filing claim with his insurance company, found out that it was canceled on 11/7/09. I dropped by a local police station, found out that the registration was revoked on 11/7.

The accident happened in Rhode Island while both cars are Massachusetts registered. I am Mass resident, he is RI resident. His car was registered under a company's name in Massachusetts.

I contacted the following organizations and the results are:

__ RMV - cannot provide info on whether the car has any other insurance due to privacy law
__ MA State Police - Accident happened in Rhode Island, ask me to work with RI police. Even suggested that I sue the company and list the previous ins. company as co-defendant.
__ RI Police - "we didn't catch the car driving w/ revoked license plate, too late to do anything" - don't care, the cars are MASS registered, the officer didn't run his plate on the spot.
__ MA Division of Insurance - "we don't keep any information whether the company has insurance or not, go talk to RMV". - most arrogant. "I told you ten times that we don't keep that kind of information...."
__ Attorney General's Office hotline for Insurance - Most patient, listened to my story, advised to talk to Div. of Insurance, not sure whatelse I can do.
__ Registered Agent of the company (also listed as Director) - Defined to know anything about this company. The President and Treasure of the company are RI residents per the filing. Company business is transporting ppl to RI airport and NY. (speak spanish)

I told the police and AG's office that my concern is that you have an illegal car running on the street, someone gotta stop it from hurting other ppl.

My only option left is to sue the company in a small claim court. Any insight/advice is greatly appreciated!

PS. I only have one-way insurance, my ins. agent is helpful in providing advice, but cannot really help me beyond that.
 
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ecmst12

Senior Member
Sue the company AND the driver in small claims court.

You can also first contact the company and see if they wish to settle out of court without insurance. You never know.
 

elliot36

Junior Member
Same company in RI

Further digging, same company is registered in RI by a person listed as Director of the company registered in Massachusetts. I wonder whether it is some kind of scheme to evade tax and liability.

For example, the car is registered in Massachusetts, but all business is run in Rhode Island. Due to government's inefficiency, anything happens to the car, it won't affect their ability to continue operating in Rhode Island.

Can I report to the RI police of a car driving under revoked license plate in the state of RI? In this case, the license plate is out-of-state plate, not RI plate. Or, do RI Police care?
 

FlyingRon

Senior Member
Concern yourself with your civil damages. You trying to further get them in trouble isn't going to get money back for you. As pointed out, it matters NOT to you if they have insurance. Sue the driver and the company. If either indeed has insurance, that will certainly come out.
 
Do not listen to the advice from the MA state police. The previous insurer has NO liability here. I imagine they lost the insurance bc of the registration issue.

Meanwhile, be sure to tack some uninsured motorist coverage on your own plan.
 

ecmst12

Senior Member
More likely the registration was cancelled because they were uninsured.

It's not possible to get uninsured motorist coverage for property damage in all states. I don't know about MA but I know I can't get it here - it's collision or nothing. But in the states I worked with for my former employer, it was a MANDATORY coverage (DC/MD/VA).
 
MA also only provides for BI under their UIM but OP was lucky this time - there could be a next time where he is injured.

Better safe then sorry.
 

elliot36

Junior Member
Where do I sue them?

The registered agent just called me back and stated that she has nothing to do with the company. One of the listed director dated her brother-in-law in the past and abuse/misuse her address in Massachusetts. Sounded like a victim herself. The actual President of the company and her daughter resides in Rhode Island.

The accident happened in Rhode Island while both cars are registered in Massachusetts.

Do I sue the individuals in RI small claim court or Mass small claim court?
 

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