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CJane

Senior Member
What is the name of your state (only U.S. law)? MO

I was in an accident on 9/13. No injuries, both vehicles were still drivable, so a call in or walk in report is preferable to calling the sheriff to the scene.

Scenario was that I was driving on the highway (two lane county highway - speed limit 50) between my house and the interstate, on my way to the vet as my dog had been hit by a car and been transported there by the person who hit him.

As I drove past the driveway of the local day care center, someone pulled out and hit my vehicle. Damage to my vehicle is a broken lens on the passenger side turn signal, dent in the front wheel well, crease bumper to bumper along the side, and minor damage to the side of the rear bumper, as well as the side view mirror on that side being folded in against the door/window. Damage to her vehicle is a scraped up, loosened bumper, torn off front license plate frame, and scrape along her hood where my mirror dragged along it.

After verifying that both vehicles were in driving condition, I explained that I could not hang around because I was needed at the vet. We exchanged names/phone numbers/addresses and she claimed she did not have her insurance card in her vehicle.

I left the scene, called the sheriff's department on my way to the vet, and left a message that I needed to file a report.

A deputy returned my call while I was still at the vet, (actually, he called as I was signing the release to have the dog euthanized) and gathered very basic information and asked that I call him back when I was more composed.

After I left the vet, I drove to a parking lot and called the deputy back. He took a full report, verified that I'd done nothing wrong by leaving the scene, and indicated that he'd have to call the woman who hit me to get her information and then the report would likely be available to me in a week.

That evening, the woman and husband showed up at my house. She claimed to have no memory at all of what happened, and he wanted to "assess the damage to the vehicle" and "attempt to piece together what happened". After looking at my truck, he decide that what must have happened is that I took the curve in the highway too wide, swerved over, and hit her as she sat in the driveway. :rolleyes:

There are many reasons this is an impossible scenario, other than the fact that I know it didn't happen.

I requested the insurance information, and he claimed that it was not in the vehicle and he'd been unable to find the card at home, so they'd have to call me. He insisted that the accident was my fault and I was very lucky I hadn't injured her while being so careless, and he'd be calling the sheriff and "clearing up" my version of the story. I then asked them to leave as I'd had quite enough of life for the day.

The following day, I called and left her a voice mail, requesting the insurance information, and received no return call.

The Monday after the accident, I called the sheriff's department to see if the report was complete, and it was not. I was told perhaps it would be at the end of the week.

That Tuesday, I again called the woman that hit me and left another voice mail. No return call.

Friday, I called the sheriff's department and again was told the report was not ready, but the woman who answered the phone said that she'd speak with the deputy and try to push him to complete the report.

Today, I was able to pick up the report. There is no insurance information for her on the report (I was really hoping there would be), and the box for "no proof of insurance" is checked - the one for "uninsured" is not. The report indicates that she is at fault because she "failed to yield".

I left her another voice mail tonight, and told her if I didn't hear from her by Monday, I would assume she doesn't have insurance and file a claim with my insurance company as an accident involving an uninsured driver.

I've never had to file any sort of claim with my auto insurance (or anyone elses, for that matter), so I'm uncertain what the process is.

Do you think I'm correct to assume that she doesn't have insurance?

If I file the claim as if she does not have insurance, and it turns out she DOES, have I done anything wrong -- it's not like I haven't attempted to get in touch with her.

She works at the daycare center, and has for years. Would it be crazily out of line to call THERE and leave her a message to please call me?

What's the process involved in filing a claim with HER insurance company if, by some miracle, she calls me back?

Should I be taking different steps?
 


CourtClerk

Senior Member
I had an incident last August where someone hit me.

I called their insurance company and filed a claim. They did all the work. Call your insurance company and file a claim. Let them deal with it. THAT'S WHAT YOU PAY THEM FOR. They'll tell you what they need from you. Do what they ask. Get your car fixed. Let the insurance company handle them.
 

CJane

Senior Member
I had an incident last August where someone hit me.

I called their insurance company and filed a claim. They did all the work. Call your insurance company and file a claim. Let them deal with it. THAT'S WHAT YOU PAY THEM FOR. They'll tell you what they need from you. Do what they ask. Get your car fixed. Let the insurance company handle them.
I don't have full coverage insurance (guess I should have mentioned that), only liability. So, the only way MY insurance will cover the damage is if it's an "uninsured motorist" claim.
 

CourtClerk

Senior Member
I don't have full coverage insurance (guess I should have mentioned that), only liability. So, the only way MY insurance will cover the damage is if it's an "uninsured motorist" claim.
So file it as an uninsured motorist claim. The people are going to blow you off. If they have insurance, they'll tell the insurance company. If they don't have it, you'll already have the ball rolling...

and no, you won't get in trouble if they turn out to have insurance. At the most, the insurance company will deny your claim.
 

CJane

Senior Member
So file it as an uninsured motorist claim. The people are going to blow you off. If they have insurance, they'll tell the insurance company. If they don't have it, you'll already have the ball rolling...

and no, you won't get in trouble if they turn out to have insurance. At the most, the insurance company will deny your claim.
Thanks. I'm SUCH a rule follower, most of the time, that when someone else isn't "behaving", I get flummoxed. ;)
 

ecmst12

Senior Member
No dice. You need proof that they are uninsured, not just failure for them to produce the information.

Sue the driver in small claims court. Forget the police report, it's not admissible evidence, and since there was no investigation at the scene, it's worth even LESS.
 

CJane

Senior Member
No dice. You need proof that they are uninsured, not just failure for them to produce the information.
How can you prove that someone doesn't have insurance?

Would I be able to find out if she was cited for "no proof of insurance"? If she was, a court appearance to prove she has insurance is required.

Sue the driver in small claims court. Forget the police report, it's not admissible evidence, and since there was no investigation at the scene, it's worth even LESS.
I thought about the small claims route.

I dislike people so often. ;)
 

ecmst12

Senior Member
Find out what insurance she has on file with the DMV, submit the claim to them. If they deny, then the denial letter is proof.

If you file suit, then if they have insurance, they're likely to cough it up. Sounds like the damage isn't too terrible so you can afford to wait for the outcome.
 

CJane

Senior Member
Find out what insurance she has on file with the DMV, submit the claim to them. If they deny, then the denial letter is proof.
Is that public record? I mean, I have her name, address, VIN for the vehicle, etc.

If you file suit, then if they have insurance, they're likely to cough it up. Sounds like the damage isn't too terrible so you can afford to wait for the outcome.
No, it's not too terrible. More frustrating than anything else, and mostly cosmetic. Though, as it involves every body panel on the passenger side of the vehicle, it's likely not going to be inexpensive.

It was the worst 10 days possible for me and vehicles. The Saturday of Labor Day weekend, I was driving to my Mom's house and a deer launched itself onto my car, totaling it.

I'd literally been driving THIS vehicle for less than 48 hours when she hit me. Add to that the dog thing...

Just a really bad week that is apparently going to linger.
 

ecmst12

Senior Member
Every state is different with the insurance information they keep on file and what you have to do to get it. Ask your insurance company, they should know what to do.
 

CJane

Senior Member
Ok, I found this on the Dept. of Revenue site.

Filing an Accident Report

Statutory reference: Section 303.040, RSMo.

You must report accidents that happen in Missouri to the Driver License Bureau if:

* The accident happened less than one year ago,
* The accident involved an uninsured motorist, AND
* The accident caused property damage costing more than $500, or someone was injured or killed.

NOTE: If the accident did not cause $500 in property damage or personal injury or death, you may still file an accident report if there was an uninsured motorist involved. The bureau will only be able to take action under Section 303.041 (see below).
***This is fo' sho' more than $500 worth of damages.

Mail completed forms to:
Driver License Bureau
301 West High Street - Room 470
Post Office Box 200
Jefferson City MO 65105-0200

Notice of Suspension

Statutory reference: Section 303.041, RSMo.

If the Director of Revenue determines that the operator or owner of a motor vehicle involved in an accident has not maintained liability insurance, the operator or owner, or both, will be mailed a Notice of Suspension. The notice will include the reason for suspension, effective date of suspension, and the procedure to request a hearing.
Perhaps, tomorrow, I'll pull a triple whammy. Fill out the form and send it to the License Bureau, call her employer, and call my insurance company.
 

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