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uninsured accident

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legolyle

Junior Member
first, I live in Florida, the state full of retard drivers, maybe including myself, I don't know
I do and did at the time of this incident, have insurance

okay, I'm 18
about 3-4 moths ago, I was driving to a T intersection. The cars leading into the intersection were backed up, the cars coming into the road I was on (from the intersection) were also backed up. I was on the line at the 'bottom' of the T (just to give you a visual). all cars were stopped, a truck in front of me was attempting to make a left turn into a parking lot. now because the truck was attempting to turn left, my lane couldn't move,because the oncoming lane was stopped, because someone a few cars behind us in the oncoming lane was trying to turn left as well. so were all stuck, two lanes of cars, because one person is trying to turn left, the other, also turn left. each in separate lanes, holding up the cars behind them.


traffic is backing up well into the intersection, and I wanted to turn right at the intersection, so i decide, to go around the truck on the right, unjam traffic, and at the same time go right. so, I begin to go around the truck on its RIGHT side - which had it's left turn signal on. in doing so, part of my car was in the road, part of it was in a "parking lot"

when the front of my car was about even with the door on the truck, the driver of the truck all of a sudden decided he didn't want to go left, but instead right. and abruptly smashed into my car, dragging his turned front wheel along my door and front fender, tearing my mirror off.

we exchanged info, We had a police officer come to the scene, he collected insurance information and names license blah blah. and we decided not have a report written.

so the officer left, then Mr.H and I both left.

over the following weeks, we exchanged emails, mostly my father and mr. H. Mr. H DEMANDED we pay him 500 dollars, CASH, my father refused, saying that Mr. H could then use that as proof that I was guilty, and file a claim against us which would surely be in his favor.
this entire time, we never filed a claim, because we didn't want to pay my 1000 dollar deductible.
Mr. H said "we left him no choice" and he filed a claim.
my insurance company put me 60% at fault, and him 40%

Mr. H, we learned later from our insurance company, AFTER they payed for his claim, my insurance company requested insurance info from the company he claimed he had insurance under. It turned out he had no insurance with the insurance company.

now, heres my real question:
IS what Mr. H did in making the claim with my insurance company even LEGAL, he didn't have insurance, is he ALLOWED to make a claim without himsefl having insurance? if my insurance company didn't bother to check and make sure he did have insurance FIRST, and then paid him, can we get the money and damages back? (raised rates/premium, damage done to my car, etc?)

he refuses to pay us, and has only CONSIDERED paying 'his' 40% of the damage done to my car. but I doubt he will, as he insists I was entirely at fault.
 
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Banned_Princess

Senior Member
That was really really long and full of irrelevant "feelings". (I'm not sure, i didn't get past the first 4 sentences.

if you are at fault for an accident, your insurance company should be contacted for payment on the claim. Its not illegal, as a matter of fact its what is supposed to happen

Contacting the other party's insurance is never illegal.

Is that your question?

PS at 18, its almost a given it was your fault.


Ok did you pull on the sholder to pass him, or was there another lane?
 

legolyle

Junior Member
haha, sorry, I went back and shortened it.

no, my question is, is it legal for him to make a claim when HE doesn't have insurance. While he's at fault as well as I, he gets the damage paid for, while I have no ability to get any reimbursement, as he has no insurance.
the point of a claim isn't to allow somebody to take from you, and not give what they owe....

and P.S.- not all 18 year olds suck at driving, I don't. While I do understand your belief I was at fault because I'm 18, its the opinion of many I wasn't. The only reason I was considered at fault was because this man lied about what happened to the insurance company, and as well, by me driving partially off the road I did violate a law.

but, I didn't come here to defend what happened, just to ask the above question.

edit:
sorry, didn't see your last question

this is where its kind of hard to explain. The road was basically 'one' with the parking lot beside it. it was a small strip mall parking lot, and so I just attempted to pass him with my car partially on the road and partially in the parking lot...
 
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Banned_Princess

Senior Member
first, I live in Florida,

I was driving along a road. the road came to a T intersection.

[[ i tried to overtake a man making a left by passing him on the right, he changed his mind and hit me, police wrote no report but exchanged info for us]]
over the following weeks, we exchanged emails, mostly my father and mr. H. Mr. H DEMANDED we pay him 500 dollars, CASH, my father refused, saying that Mr. H could then use that as proof that I was guilty, and file a claim against us which would surely be in his favor.
Well technically with that 500$ payment, you could have gotten a statement of satisfaction. and he couldnt claim more damages.

this entire time, we never filed a claim, because we didn't want to pay my 1000 dollar deductible.
So, what, you didnt fix your car even though you had collision coverage? thats OK they probably would have totaled your car out, and paid the value less 1000.

Mr. H said "we left him no choice" and he filed a claim.
my insurance company put me 60% at fault, and him 40%
great. you should have done that from the door.


Mr. H, we learned later from our insurance company, AFTER they payed for his damages, and claim, they (my insurance company) requested insurance info, from the company he claimed he had insurance under (liberty mutual or some company). It turned out he had no insurance with the insurance company. this man had no insurance on the vehicle at the time of the accident.
yea, not your problem.

my father says hes going to take him to small claims court.
for what? you can sue him for 40% your deductable that fixed your car.

but because no report was written, Mr. H WON'T have his license suspended for 90 days, and all insurance pulled on his company vehicles....shame, the irresponsibility.
ummmm. no I dont think thats true.

IS what Mr. H did in making the claim with my insurance company even LEGAL, he didn't have insurance, is he ALLOWED to make a claim?
yes it is. you should have tried to claim under his supposed insurance policy you got from the scene.

Then, when you found he had NO insurance, complained at the police station.

if my insurance company didn't bother to check and make sure he did have insurance FIRST, and then paid him, can we get the money and damages back? (raised rates/premium, damage done to my car, etc?)
no. just 40 % your deductable to fix your car.

as well, what do you in general think about this?
thats why you pay for insurance.

I admit, I was at fault partially, I only admit that because I know some people are just to stupid to check the right of way...
he refuses to pay us, and has only CONSIDERED paying 'his' 40% of the damage done to my car. but I doubt he will, as he insists I was entirely at fault.
Sue him. but you were paid by your insurance company. that makes it their problem. You are owed 40% of your deductable, unless this is a state where if you were at all at fault, you can get nothing from the other party.

ok, that was rough.
 

Banned_Princess

Senior Member
lol, OK , I too went over your post and shortened it ;)

haha, sorry, I went back and shortened it.
no, my question is, is it legal for him to make a claim when HE doesn't have insurance. While he's at fault as well as I, he gets the damage paid for, while I have no ability to get any reimbursement, as he has no insurance.
the point of a claim isn't to allow somebody to take from you, and not give what they owe....
Ok yes it was legal, and you should have contacted his "insurance" (that he gave you) the very next day, if not that same day.

you would have not been reimbursed by his company, thats not how insurance works.

2 companies. 2 claims same accident. the companies determine fault, and dispurse funds appropreately.

since only one company participated (yours) and they found you 60% at fault, they paid him 60% of his damages, and since you were covered for collision, your damages were also paid. (less the deductable, which you would have NEVER recovered from him, even if he was covered)


and P.S.- not all 18 year olds suck at driving, I don't. While I do understand your belief I was at fault because I'm 18, its the opinion of many I wasn't. The only reason I was considered at fault was because this man lied about what happened to the insurance company, and as well, by me driving partially off the road I did violate a law.
Um yea, inital reaction. sorry.

Well, even if he didnt lie, you violating traffic rules (your not allowed to overtake in FLA?) so, mostly your at fault, as the company found.

but, I didn't come here to defend what happened, just to ask the above question.
thats fine, i pass ppl on the right (and left ) All the time, and get INNOYED when others dont!
 

legolyle

Junior Member
okay it was a bad first post, thats why I edited it...

thanks for responding though :)

As for the statement of satisfaction, he said he wouldn't write one.

but because no report was written, Mr. H WON'T have his license suspended for 90 days, and all insurance pulled on his company vehicles....shame, the irresponsibility.
ummmm. no I dont think thats true.
is true, if we had filed a report at the scene, and we had reported that he had no insurance...wherever, all vehicles' insurance would have been pulled (under his insurance) and his license suspended for 90 days.

this entire time, we never filed a claim, because we didn't want to pay my 1000 dollar deductible.
So, what, you didnt fix your car even though you had collision coverage? thats OK they probably would have totaled your car out, and paid the value less 1000.
A) the damage to my car is well close to the 2000 range, I don't understand what you meant by what you said here really.
B) my point in saying this was that basically, we never knew he didn't have insurance, because we never tried to file a claim, we didn't want to spend 1000 for fixing a '97 Camry....



I admit, I was at fault partially, I only admit that because I know some people are just to stupid to check the right of way...
he refuses to pay us, and has only CONSIDERED paying 'his' 40% of the damage done to my car. but I doubt he will, as he insists I was entirely at fault.
Sue him. but you were paid by your insurance company. that makes it their problem. You are owed 40% of your deductable, unless this is a state where if you were at all at fault, you can get nothing from the other party.
we were never paid by our insurance company, im not sure what you meant by that, and is the 40%, 40% damages or deductible?
 

Banned_Princess

Senior Member
okay it was a bad first post, thats why I edited it...

thanks for responding though :)

As for the statement of satisfaction, he said he wouldn't write one.
good then you didnt pay him.

is true, if we had filed a report at the scene, and we had reported that he had no insurance...wherever, all vehicles' insurance would have been pulled (under his insurance) and his license suspended for 90 days.
Nice. Lesson learned for you.

A) the damage to my car is well close to the 2000 range, I don't understand what you meant by what you said here really.
B) my point in saying this was that basically, we never knew he didn't have insurance, because we never tried to file a claim, we didn't want to spend 1000 for fixing a '97 Camry....
Ok what I meant was, the damage was 2000. the car isnt worth 2000. so the insurance company would have declared your car a "total loss" and paid you the fair market value of the car minus the deductable.

As an insurance agent, I would recoment to my clients, that on a car that old, it doesnt pay to carry collision coverage on the car, its expensive (especially for a person your age) and wont pay out what you think it should (fix car, or get a new car)

If you filed with his compny for your damages, you wouldnt have to pay the deductable. But being found 60% at fault, you may not have gotten anything from them. but it is ALWAYS worth the try.


we were never paid by our insurance company, im not sure what you meant by that, and is the 40%, 40% damages or deductible?
If you were not paid, then you can sue the guy for 40 % of your damage, because thats how much he was found to be at fault. Might not be worth it, since you admit, you were wrong trying to pass him the way you did.
 

legolyle

Junior Member
Well, even if he didnt lie, you violating traffic rules (your not allowed to overtake in FLA?) so, mostly your at fault, as the company found.
well your not allowed to go "off" the road- improper passing technique, you can get pulled over for it, but it almost never happens.
and Mr. H made the claim I had gone "off" the road, and the insurance company agreed, for what reason I don't know....more money in the premium...

we argued that I being in a parking lot didn't count, the situation was very specific. and..well basically:
the parking lot had a small RV in it, right beside me, maybe 2 feet away form my car, it was parked, while I passed by Mr. H.
so it was a tight squeeze. this is a small street. our claim was that I could have been pulling into the parking lot and everything would have changed, he would have been entirely at fault, for not checking right of way, hitting me while I pulled into the lot.

but instead we told the truth, I was pulling towards the intersection to make a right.

Ok what I meant was, the damage was 2000. the car isnt worth 2000. so the insurance company would have declared your car a "total loss" and paid you the fair market value of the car minus the deductable.
okay I follow, thanks :)

haha the car...WAS worth 2000 lol....no more
 

legolyle

Junior Member
yeah, my dad had planned on getting rid of the collision coverage right around when this happened....after a good half a year or so of driving.

but, lesson learned , thanks for the help and the replies, it's what I needed to know. :)
 

ecmst12

Senior Member
Yes, he can make a claim against you regardless of whether he has insurance.

You CAN sue him in small claims court for 40% of your damages, but your chances of collecting are miniscule. You are better off letting your own insurance handle your claim and letting THEM worry about pursuing the other driver. If you file a collision claim, you get half of your repair costs with very little hassle, and possibility of more in the future if they are able to collect from the other guy. Which is, if you noticed, more then you'd get even with a successful claim against the other driver for 40% of the damages.

I would agree that you were more at fault since you were making an illegal maneuver at the time of the accident.
 

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