Uninsured hit by insured driver

[1394247]

What is the name of your state? West Virginia

Gonna be completely honest I don’t have insurance. Not going to feed you a boohoo story as to why I don’t, I just don’t at the moment.

Today while parker at a gas station a car beside me that was backing out and backed directly into the side of car. Doing so so hard it actually pushed me on the curb and scraped the right side of my car as well (I was parked in the very end spot). I called the police and apparently they don’t do police reports on private property and also don’t come out at 430 pm to file them anyway

Anyway, the guy gave me his insurance information. I took pic pictures and a video. I have all his information including insurance and phone number. I immediately called his insurance company and filed a claim. They said an adjuster would follow up with me within a few days. They asked if there was video, and there is, however only law enforcement can obtain that so I will be dealing with that tomorrow.

He’s now sending me threatening text threading to sue me even thought it was fault. My neck is hurting so but I don’t think I’m going to bother with going to the doctor. My main concern is my car. Will his insurance company be responsible for fixing my car? And should I cease contact with him ?

Again, I know it’s a crappy thing to not have insurance and I’ll be getting it ASAP especially now.
I just want my car fixed

 

[adjusterjack]

He’s now sending me threatening text threading to sue me even thought it was fault. My neck is hurting so but I don’t think I’m going to bother with going to the doctor. My main concern is my car. Will his insurance company be responsible for fixing my car? And should I cease contact with him ?

Ignore him and stop talking to him. He's full of hot air. He's p-issed because he messed up and his insurance rates will go up.

You were parked and he hit a stationary vehicle. There's no defense to that. He's at fault.

Deal only with his insurance company's claim rep.

You'd be foolish not to see a doctor. Soft tissue injuries can lead to problems if not treated quickly and properly. They usually respond to muscle relaxers and motrin (ibuprofen) and maybe a couple of weeks of physical therapy, all of which will be compensable by his insurance company.

I know it’s a crappy thing to not have insurance

That's right. Had you caused an accident you'd be up s-h-i-t's creek without a paddle.

Fortunately, for you, it has nothing to do with your claim against the at-fault driver.

 

[zddoodah]

Will his insurance company be responsible for fixing my car?

No, but sort of. The at-fault driver is responsible to you, and his insurer owes him a duty to indemnify him pursuant to the terms and up to the limits of the policy. The net effect is that the insurer will likely write you a check or write a check to a repair shop.

should I cease contact with him ?

I can think of no good reason for you to communicate with him.

By the way, while you didn't ask, that you were in violation of the law requiring that you carry liability insurance, your violation is of no relevance in an accident where liability cannot be reasonably disputed (because your car was parked). You might, however, find yourself on the wrong end of a citation for violating the law.

 

[1394247]

I appreciate everyone’s responses. And yes, I agree I am the scum of the earth for not having insurance. It was pure neglect and irresponsibility on my part. I am insured as of a few hours ago now, although I know they doesn’t matter with the situation at hand. I’m thinking I will probably be fined or ticketed for not having insurance (and rightfully so) when I speak with the officer tomorrow about having the footage subpoenaed. I did actually call the police to try to get a police report and they said they don’t have anyone in the office last 430 pm est who can do so unless it’s a multi car crash or a fatality

I am having really sharp pains in my lower back and am currently having difficulties moving my head to the right. I’m going to go to the emergency room and get they checked out shortly. I’ve just been in so much shock and tore up about the entire situation, the pain has hit me all of a sudden. It’s dark here now and honestly afraid to drive with the way my neck is acting. Lots of right turns between here and the hospital and I’m having a hard time turning my head to the right.

I appreciate everyone’s response/feedback.

 

[adjusterjack]

I am having really sharp pains in my lower back and am currently having difficulties moving my head to the right. I’m going to go to the emergency room and get they checked out shortly. I’ve just been in so much shock and tore up about the entire situation, the pain has hit me all of a sudden. It’s dark here now and honestly afraid to drive with the way my neck is acting. Lots of right turns between here and the hospital and I’m having a hard time turning my head to the right.

Have somebody drive you to the ER or call an Uber, taxi, or Lyft.

 

[HighwayMan]

Until there is video obtained it's still a he said/he said situation.

 

[1394247]

***update

so I may very well be screwed all around. I’ve called city and county police today. They said where the accident happened on private property not only will they not file a police report, but they also won’t come out and get a copy or the video surveillance where the guy but my car.

Until there is video obtained it's still a he said/he said situation.

that’s what I was afraid of. I emailed corporate office of the gas station where this happened today and haven’t gotten a response. Also left the general manager a voicemail.

 

[adjusterjack]

Call the adjuster and ask what they are doing about your car damage. If the response is positive it may mean that their insured admitted to backing into a stationary vehicle and you might not need the video. Be subtle. Don't ask if they are paying. Assume they are and ask when.

 

[1394247]

I left her a very friendly message, and sent her an email. Thank you for all your advice

 

[bcr229]

I emailed corporate office of the gas station where this happened today and haven’t gotten a response. Also left the general manager a voicemail.

I would go by the gas station tomorrow as many video surveillance systems don't retain footage for more than a day or so.

 

[1394247]

I would go by the gas station tomorrow as many video surveillance systems don't retain footage for more than a day or so.

I went by today and actually talked to the manager and she said she’d only release it to law enforcement

 

[NeilTheCop]

You should send a registered letter to the corporate head office and the local gas station asking that they preserve the video evidence. Or better still get an attorney to do it.
https://law.lis.virginia.gov/vacode/title8.01/chapter13/section8.01-379.2:1/

 

[1394247]

I called and left two voice messages for corporate. Maybe I’ll go your route. Just got a call back from the adjuster and turns out the car and insurance was in this mans sister in laws name and she lives out of state and he’s saying I hit him.

 

[adjusterjack]

I called and left two voice messages for corporate. Maybe I’ll go your route. Just got a call back from the adjuster and turns out the car and insurance was in this mans sister in laws name and she lives out of state and he’s saying I hit him.

Then you have a problem. His adjuster has a duty to her insured to initially believe the driver's story unless evidence to the contrary is presented.

Were there any witnesses at the scene that you can rely on?

If not, then an inspection by the adjuster of both vehicles may lead to a conclusion as to who hit who.

If not, and the only evidence is the video, you might have to file a lawsuit immediately so you can subpoena it.

 

[PayrollHRGuy]

Based on how you described the accident happened I'd be very surprised that the damage to your car and his, doesn't show who hit who.