CJane
Senior Member
What is the name of your state (only U.S. law)? MO
I posted previously about an accident I was involved in which was the fault of the other driver who is apparently uninsured.
Recap: I was driving down a 2 lane "highway" (technically called a highway, but speed limit is 45 just outside town), when a woman pulled out of a driveway and damaged the side of my vehicle from bumper to bumper.
At the time, she claimed to not have proof of insurance in her vehicle, and as I know her and know where she works, I took down her personal information and called in the report to the sheriff's department. It is not necessary in my state, if both vehicles are drivable and there are no injuries, to call the police/sheriff to the scene.
Fast forward to now. I have made many attempts to contact the driver, as has the sheriff's department and my insurance company. I only have liability insurance on my vehicle, so I cannot get the vehicle repaired under my policy, however the insurance company offered to contact her anyway with the thinking she'd be more likely to respond to them than to me.
I discovered that by law in my state, if an accident occurs in which one of the drivers is uninsured and the damage to either vehicle is greater than $500, a report must be filed with the state. The state then investigates, and if it is found that one of the drivers in fact did not have insurance at the time of the accident, that driver's license is immediately suspended pending payment of the damages to the other vehicle (or the posting of a bond equal to a percentage of the damages, with the remainder paid within 12 months).
So, this is what I am considering, and I want to know if it would in any way be unethical or perhaps illegal (though I don't have any idea how it would be).
I have received an estimate for the damages to my vehicle, and as the damage involves both bumpers and every body panel on the passenger side of the vehicle (Tahoe) as well as the electric/heated sideview mirror, the estimate is in excess of $5000.00.
I am considering, prior to sending the report to the state, sending the report of the accident, the deputy's report, and the estimate to the woman that hit me. I would send this certified return receipt. I would also send a letter with this information and a copy of the statute that requires the report be filed. In that letter I would reiterate the fact that the state will suspend her license if it is determined that she is uninsured. I would then inform her that unless she provides her insurance information to me, or makes payment in full for the damages to my vehicle within 30 days of receipt, that I will have no choice but to send everything into the state and allow them to handle the issue going forward.
I have to file the report anyway, if she fails to provide me with insurance information, but if I informed the state that she had paid for damages, it's unlikely that her license would be suspended any longer than it would take her to procure current insurance on her vehicle.
Am I overthinking this way too much? Should I just send in the report and wait for the state to investigate/contact her?
I posted previously about an accident I was involved in which was the fault of the other driver who is apparently uninsured.
Recap: I was driving down a 2 lane "highway" (technically called a highway, but speed limit is 45 just outside town), when a woman pulled out of a driveway and damaged the side of my vehicle from bumper to bumper.
At the time, she claimed to not have proof of insurance in her vehicle, and as I know her and know where she works, I took down her personal information and called in the report to the sheriff's department. It is not necessary in my state, if both vehicles are drivable and there are no injuries, to call the police/sheriff to the scene.
Fast forward to now. I have made many attempts to contact the driver, as has the sheriff's department and my insurance company. I only have liability insurance on my vehicle, so I cannot get the vehicle repaired under my policy, however the insurance company offered to contact her anyway with the thinking she'd be more likely to respond to them than to me.
I discovered that by law in my state, if an accident occurs in which one of the drivers is uninsured and the damage to either vehicle is greater than $500, a report must be filed with the state. The state then investigates, and if it is found that one of the drivers in fact did not have insurance at the time of the accident, that driver's license is immediately suspended pending payment of the damages to the other vehicle (or the posting of a bond equal to a percentage of the damages, with the remainder paid within 12 months).
So, this is what I am considering, and I want to know if it would in any way be unethical or perhaps illegal (though I don't have any idea how it would be).
I have received an estimate for the damages to my vehicle, and as the damage involves both bumpers and every body panel on the passenger side of the vehicle (Tahoe) as well as the electric/heated sideview mirror, the estimate is in excess of $5000.00.
I am considering, prior to sending the report to the state, sending the report of the accident, the deputy's report, and the estimate to the woman that hit me. I would send this certified return receipt. I would also send a letter with this information and a copy of the statute that requires the report be filed. In that letter I would reiterate the fact that the state will suspend her license if it is determined that she is uninsured. I would then inform her that unless she provides her insurance information to me, or makes payment in full for the damages to my vehicle within 30 days of receipt, that I will have no choice but to send everything into the state and allow them to handle the issue going forward.
I have to file the report anyway, if she fails to provide me with insurance information, but if I informed the state that she had paid for damages, it's unlikely that her license would be suspended any longer than it would take her to procure current insurance on her vehicle.
Am I overthinking this way too much? Should I just send in the report and wait for the state to investigate/contact her?
