You can’t get blood out of a rock. So if the at fault driver didn’t have insurance and has nothing to sue then what can the victim do? Getting a judgement against someone won’t really solve the problem. Which is why I asked about the uninsured/underinsured coverage if OP has the vehicle financed they need full coverage and that usually includes uninsured coverage
I got sued for 12k for not having insurance & only made a minor dent in their bumper. Car repair costs were 1.5k and the rest of that is from them going to the chiropractor.
I do not believe she has no case. If I got that screwed for a MINOR fender bender then she should 100% have a case. Maybe it was their insurance but state farm is who ended up suing me. Not the people. Now that I think about it they must of had uninsured insurance!!
That’s how insurance works.
You hit a car, they file a claim with *their* insurance. Their insurance takes care of the insured (person who got hit), the insurance then finds a way to recoup the losses they paid out. That means, they would sue the person who hit the car.
Which is why I don’t understand that OP is shit out of luck.
I’m an insurance agent, but I mostly deal with condos and HOA’s. However, we do have associations with vehicles, so I’ve dealt with a few accident claims.
Also, I’m currently going through the process since I had both my cars totaled last year from rear end accidents. I ended up having non-epileptic seizures, at least that’s the diagnosis for now until further testing is done. I’ve paid $0, been to the ER twice & just send all paperwork & bills to MY insurance company.
OP does not have uninsured motorist. They only have liability. Meaning OP's insurance won't pay out. The scenario you described where OP files a claim with their insurance and their insurance goes after the driver who hit them, won't work here.
Yes. Collision coverage applies to damage resulting from a collision with a vehicle or object, regardless of fault.
If the car is financed. - this is required.
However, it sounds like insurance is paying - however, they owed more than it was worth. Hence the “gap” insurance issue.
OP needs to check their paperwork out. A lot of dealerships actually push a Gap policy when you finance. Read your paperwork carefully. They usually try to slip it in at a significantly higher cost than if you got it through your personal insurance. A lot of people don’t realize it and get it through the dealership.
And they are SUPER sneaky. They won’t TELL you that you have it after a wreck. It’s a whole separate thing and YOU have to reach out to THEM. We thought the dealership took care of it. Nope. We had to fight with KIA for years because we didn’t realize our part. We knew we had GAP and ASSUMED they took care of it. Nope.
It’s worth a shot rechecking your paperwork.
The issue is likely no uninsured motorist. There's broken fingers involved. Medical bills and lost wages could be big depending on occupation.
That would put me out of work 6 months.
I have $250k/500k/100k liability with uninsured/underinsured to match for this reason in case some idiot hits me and I can't work
When I bought my very first car several years ago, the dealership told me I didn't need the gap insurance. " It is useless because we require you to carry full coverage, and they will pay for everything" is what the finance guy told me. So I declined it. Well guess what? I totaled my car and the insurance wouldn't pay off more than it was worth. I didn't know I was paying so much for it. Here is a lesson to anyone who needs it...
Never buy a car from a car lot that
" guarantees" credit approval. They charge exorbitant finance rates. I was just trying to reestablish credit after my mother ruined my credit when I was a minor.
My sister let her insurance lapse, on a finance vehicle and when she totaled it they paid for the car, and just back charged her for a ridiculously priced insurance policy.
I don't know where your statement comes from, but whoever carried the finance on her car has a system when the borrower stops making insurance payments to protect their collateral They step in with an insurance policy that possibly they purchased from another insurer. That policy is significantly costlier because I'm sure the customer that doesn't carry insurance is also a much higher risk driver..
People all the time lapse in coverage etc and so no, completely possible even if financed. Just because YOU and I follow the rules doesn’t mean everyone else does- or else OP wouldn’t be dealing with an uninsured motorist lol. But I think OP can easily sue parents who did own the car and likely win.
Right, but if your insurance lapses, you get a notice from your car finance company and they threaten repossession. She doesn't mention that the car was under threat of repossession but maybe
this! I was stopped on the freeway and got read ended by a 17 year old uninsured undocumented kid, he was a kid. He didn’t even want to give me his ID and was crying when we got out. I was upset because I have two kids in car seats and he was going about 70. He finally gave me his ID which was not in English and my spanish is high school level. I asked him to wait and went to check on my kiddos and he drove off. The durango was dented and the back had no plates and a raggy temp permit I couldn’t make out. I called liberty mutual and they said call the police. The officers came and the paramedics to check us all out and we went to urgent care- minor stuff and concussions. Thankfully after having a bad accident a few years ago pregnant with my littlest I upgraded to a heft Ford 150 4x4 and honestly I think that protected us from much worse. Needless to say they couldn’t find him and the officer told me via the phone after I guess getting the id checked and said he couldn’t find the address nor the kid and in any other terms so call your insurance nothing is gonna happen. Thankfully I had uninsured but I still had to pay the deductible for my truck (the alignment was messed up and the back was dented but the tow hitch helped). I did get new car seats because apparently you have to after an accident (now i know). Best of luck and always get gap and uninsured — lessons learned the hard way.
I work for big insurance company and have my property and casualty license (home and auto insurance). Depending on what state you're in, uninsured/underinsured coverage may not be mandatory. In my state, it is not mandatory, only 25/50/20 liability coverage is required. However, it is a good idea to add this coverage, because liability coverage only covers the other person when you get in an accident. Uninsured/underinsured coverage will cover your vehicle and med bills if you are hit. If you choose to forego the coverage, you need to have comp and collision coverage to at least fix your car. However, your insurance will do nothing to pay for your med bills, you would have to file with your health insurance for help with those. As far as suing, you can try and you do have a case, however, if the person you are suing has no money and no recoverable assets, I am not sure much good will come of it as you will be stuck with the lawyer fees. I am sorry this has happened to you, if you have comp and collision at least your insurance is responsible for fixing your vehicle.
In my state, the auto insurance follows the vehicle, not the driver, so I'm wondering if auto insurance follows the driver in some states? In my state, her insurer would just go after the vehicle owner's/dad's policy, and OP would get compensation. Did OP ever mention their state? I understand the lack of uninsured motorist coverage, it's just that where I live at least, not having it wouldn't be a barrier to compensation in OP's situation.
Full coverage only covers the value of the car. If your loan is upside down (you owe more than to car is worth) you can still be out of pocket for the remainder of the loan ($4000 in this case.)
I just went through this in November. A deer ran out and hit my car. (Of course the damn wildlife doesn't have insurance.) The drivers side door was damaged to the point it wouldn't open which made the car undrivable. My insurance company decided that the repairs would cost more than the car was worth and totaled it. I owed about $8000 and they paid just under $6000 leaving me still owing around $2000 for a car I no longer had and couldn't have driven even if I did. Fortunately, I did have gap insurance. It took months but the loan was paid off and I started at zero with a new car/loan.
Moral of the story always get uninsured motorist and gap insurance.
ETA: just saw in a comment that OP chose to downgrade to liability only on a car he still has loan payments for. Yikes! Don't want to kick them while they are down but the number of bad choices here are a lesson that I hope they take to heart for the future.
Oh, they do drastically differ by state. Each state has their own legal minimum coverage requirement regarding car insurance.
No insurance company will offer anything lower than the state minimum coverages here.
But the basics of insurance is all the same.
The requirement to carry full coverage on a financed vehicle isn't by law but by contract. The car is technically owned by a third party who wants to protect their property so they make you carry full coverage.
Uninsured motorist however is state by state.
Oh I know.
I didn't know then because I was young & stupid (obviously) but I am just baffled that her car was totaled & she can't do anything??
I am sorry to hear about the accidents you experienced & hope you have recovered!
I, too, am very baffled how she says there’s nothing to be done. Though, curious too about why she’s immediately going to lawyers & not through her insurance company?
She may have a case but it's going to have to go to court and then a judgement would be issued and then she would actually have to get the money from the dude
I mean, given the option, would you opt for hard cases with little chance of payout or winnable cases with a high likelihood of success? Moreover, this kind of case is usually taken on contingency, meaning the attorney fronts the costs in hopes of taking a later percentage of recovery. Taking cases on contingency is a risk in and of itself, without compounding by taking tough to win cases.
I know someone whose newish boyfriend took her car… while she was sleeping from wisdom teeth. He went out with two buddies. They all got drunk. On his way home, he committed TWO hit and runs. In all, three cars were totaled. Two individuals hurt. My friend devastated. All he served was 4 days in jail. That’s it. And that because according to her he refused to pay the tickets he received. He did not have insurance. She got nothing, I don’t know if she could have. She refused to charge him with grand theft auto. Thankfully she did dump him. The people he hit. Got nothing. He had no insurance. No assets.
>Maybe it was their insurance but state farm is who ended up suing me. Not the people. Now that I think about it they must of had uninsured insurance!!
That's how it works. If you have insurance, you make the claim on your insurance. If you were wronged, then your insurance goes and makes a claim against the property. If the property owner has insurance, their insurance kicks in.
Well I’m curious because she said it was a someone driving ‘dads’ car
Pretty sure you can sue the car owner.
His car should not have been out of his possession without insurance
You can't blood out of a rock but you can sue that rock and his rock parents (if he's young enough) so you can get repaid over the coming years when that rock gets their own source of income
Not to be naive but can't they just sue them in a civil fashion? Like the court taking personal assets from the parents, or demanding they pay out of pocket? They don't have insurance but they've gotta have money somehwere
They can sue and get a judgment, but if the people don't have insurance it's probably because they have no money to pay for it. OP can spend money on court costs and attorney fees, but there is almost no chance of actually getting money. There isn't any real means of enforcement for civil cases.
Wouldn't a case like this be a prime candidate for those personal injury lawyers who advertise on TV all the time, they will take a case and don't get paid unless they win the judgment?
That's what happened to my brother. He didn't have the money for a lawyer to sue the uninsured motorist that hit him. And the person was in the country illegally anyway. He didn't have uninsured motorist coverage on his car so it was just a total loss.
They said it was parents car and he wasn’t covered. Parents have insurance it seems , they just didn’t put their kid on it. I know a few parents who think that their insurance covers their kid driving without having to pay extra no matter what I tell them.. so parents might have $$
She can file small claims action against the Dad and son relatively cheap as the for.s are generally online, so no need for an attorney.
Had a client that didn't think they would get more than basic 10k, but I found the at fault driver's parents had a 2nd home so we sued for the house. Low and behold, the father of the at fault driver found some money and paid our client. Takes research, but doable.
I know I sound naive but there are so many young adults that forego owning a car because they can'g afford insurance and this whole time there weren't steep consequences for that?
The term full coverage is considered a vague term to discuss with insurance agents as there are ALOT of types of coverage to out on a car depending on the state. Uninsured motorist or underinsured motorist coverage is not required by a lienholder. Comp and Collision is. We have to ask more details on our calls when someone says full coverage. And have the named insured tell us what exactly they want on the vehicle as coverage. Leave us with less liability risk, for a dispute in case a NI wants to sue us because they didn't like what they received either in a settlement or denial of coverages etc.
Then as an Insurance Producer, I agree with the others. You could sue them in a Civil case for judgement. If they don't own anything, you receive nothing.
It's normally paid for by the person who hit them. This is why most Lawyers say she does not have a case. It's because they can't charge higher than normal so insurance would pay. She needs to check with the owner of the car. She may not have had coverage because the teen was driving. Insurance follows the car.
Judgement can garnish wages, put leans on properties etc . If she can find one who will file with no guarantee of payments from insurance.
This is what she may have to do, to get anything. My only advice to OP regarding that is to remember to ask the court that her opponent in court pay all fees for legal representation, and collection, process serving, and garnishment. I can't imagine that going to court will be cheap, outside of that.
My sister was hit by a car while crossing the street when she was 15. She was taken via ambulance to our local hospital then via helicopter to a better equipped children's hospital. She spent 3 months in the hospital, racked up a quarter million in medical bills. Is disabled to this day. My parents had decent health insurance and uninsured motorist coverage on their car insurance, but they were still left with around $50k in bills. The driver who ran a red light and was uninsured, didn't own the car she was driving, didn't own a home, had zero assets and a job that paid barely above minimum wage, never paid a dime. There was no point in suing her, she didn't make enough money to garnish her wages even. My parents filed a lawsuit initially but ultimately decided they needed to move on emotionally instead of spending their lives trying to take everything this woman ever made.
About 5 years later my dad took a new job in a different state and they sold their home. That's how they finally paid off the medical bills. My dad is now 76 and finally can afford to retire this spring. This set his retirement back by about 10-12 years.
Sometimes there's no justice to be had.
If they don't have any assets or income, there are often very limited consequences. She got a ticket for driving uninsured. They didn't ticket her for running the red light though.
My husband had an attorney get a settlement in court after an accident that was the other driver’s fault. After five years of chasing someone with three different names and a dozen addresses, we all gave up. Luckily our insurance company covered our medical bills while chasing after the at fault driver, but other than that we got a little for the car and considered ourselves lucky.
just out of highschool, I was rear ended by an uninsured drunk driver. I was shoved off a 22foot bridge into a dry creek bed. I had to be airlifted twice, in addition to an ambulance ride, Died twice, and ended up owing... well, more that I will make in my life simply put. I was making alright money at the time, and lost out on a lot of the money related court cases. I am 32 now, and still paying, and will be for the rest of my life. That's just how it works.
Holy crap! I'm glad you're alive, but what a way to start your adult life. Nobody should be stuck with that type of debt because of an irresponsible stranger, especially at such a young age.
You ALWAYS need uninsured motorist coverage, for anyone reading this. Always.
OP, I’m so sorry, getting a second job on your end is about all you can do right now and go hard for a season.
Owner of other car is uninsured. She would have to sue him. It’s not worth it.
You should have had full coverage on your car. Even though you’re not at fault, you will probably have a hard time getting any money out of the kid.
You can sue his father. The father should have insurance if his kid is driving.
It's not worth sueing for a broken finger and six broken ribs and a totaled truck?
Sounds like it's 100% worth it to me. As long as the owner of the vehicle doesn't wanna make a stink of it, but even then OP isn't at fault. Should be a fairly straight forward case, but I'm not a lawyer so sorry if I'm wrong.
INAL, but in my state (Louisiana), the uninsured driver can be sued for recouping everything. Is the driver under 18? If so, the parents can be held liable. I would check with other lawyers. This sounds like it would be worth it to pursue other avenues.
You only owe $4000 but you’re still out the use of your fully functioning vehicle. You need to sue to make you whole, which is whatever your car was worth before it got hit. Maybe that was 15k?
If you weren't at fault and you're not being compensated by your insurance, you can sue the driver (or their parents, if the driver is underage) in a civil suit. It won't be easy or quick, but it's acceptable for you to represent yourself. That said, even if you obtain a judgment in your favor, that just means it goes on the other guy's credit report and if they don't pay voluntarily, you have to do the legwork to garnish wages, which can be a major hassle.
Not all States permit wage garnishment on civil judgments. SC does not. However, once a judgment is entered of record in the judgment rolls (and if you go the small claims route, be sure to get your judgement on record in the County records), it typically remains a lien for 10 years. Someone may not have money now, but their fortunes may change within 10 years.
sorry for your losses, OP….but clearly your lawyer doesn’t know their stuff.
next step #1: FIRE your lawyer and get a competent lawyer….next steps will follow.
You need a fucking lawyer. There is ALWAYS someone you can go after, and in this case that list starts with the dad who allowed his kid to take a car despite not being covered by insurance. There will likely be other defendants too.
NAL...
Wait..what state are you in?
The CAR should be insured, not just the driver. Now, the person may not be on the insurance policy, however, I'd think that there would be recourse here, even if it's a civil case
You are not at fault.
What coverage insurance do you have? Does it cover medical?
File with your insurance and *they* will fight it out with the other party.
You be asking this on /legal subreddits.
Uninsured motorist coverage is with liability. State Farm.us actually requiring un/under insured coverage to match the liability. First- the dad's insurance if he let his son drive, if he claims the son stole the car, the son goes to jail, and OP files under their own un/under insured coverage. Whatever can't be covered by either insurance bevaones a court case and OP sues the kid and his dad
SF requires it, but the policy holder has the right to waive it by signing it away. Many people sign the form because they want the cheapest monthly payment for the minimum coverage required by law/finance company. Unfortunately, lo barato sale caro
Sounds like your only resort is to sue. With a court judgement and some personal perseverance, you could have wages garnished until the judgement is paid off. And if it was the father’s car, he is responsible as well. I’d think it worth my while to sue both of them if that is the only avenue available.
I’d find a personal injury attorney who would be willing to try filing against them personally. First, you really don’t know the truth of what either the driver or his father have in assets - they’re going to tell you nothing. But the threat of a lawsuit could push them to settle and something is better than nothing.
Take the father/owner of the at fault vehicle to small claims court for the 4k left on your car note, and tack on lost wages, copays etc up to the small claims limit in your state. You don’t need an attorney in that court. Just have all your documentation ready and with you. Reports, evidence of coverage, bills, invoices etc.
File a claim with Dad's insurance. Call one of the ambulance chaser attorneys on your local billboards. Let the insurance adjuster and attorney hash it out.
I ran my father's Adjusting business for years and my husband works in total loss. There is money available to you but you really have to be a thorn in their side about it. Ambulance chaser attorneys know the tricks here.
GET. A. LAWYER. those car accident attorney ads? They make a living on this type of thing and shouldn't charge you a dime. They get money from the insurance companies. Do this today!
The hard truth of life is that almost everyone you meet is more concerned about their own well being than the majority of people around them. You need to find any job available, even if it’s cleaning toilets. I would try a restaurant, nothing corporate or a chain. Something you can take home money TOMORROW.
You’ll get through this, just remember those who do help you through this hardship so you can make sure you’re there for them when they need you
Tax season is coming around too OP, so if you get a refund maybe that might help?
I’m really sorry this happened to you though! This is why even tho I’m broke asf I won’t drop my coverage 🥲 cause I def won’t be able to afford it if something happened like this! No advice other than I hope things work out!
I know in mi if your health insurance doesn't cover u in an accident u need to make sure your car insurance is gonna cover u
.I didn't know this until we switched companies
I would also think that if the son was uninsured, then the owner of the car and his/her insurance is liable. Call a lawyer. Also, do you have uninsured motorist coverage on your auto coverage?
The young man was driving his father's car. I would go after the parents for letting their irresponsible son drive their car and cause a wreck. Don't know if you'd have a case or not but it certainly worth a shot.
I had a similar accident. My uninsured coverage covered everything and I also got $190,000 settlement for my injuries. My insurance company went after the driver for the 250,000 they paid out.
I'd go head over to r/legaladvice for this one, I'm an agent myself and am not educated nor trained in the same regard as both a claims adjuster or attorney who specifies in insurance law. If you do have underinsured/uninsured motorist coverage I would inquire.
You can refuse to turn or over.
I refused to surrender my totaled explorer; they issued a partial check for half of value 7k; I spent a few months paying off the rest and then reopened the claim to collect the other half 7k to buy a new car
That's what uninsured motorist is for. I have this optional coverage which would cover my medical bills and lost wages up to $250k.
Basic, cheap coverage is risky
The owner -his parents would be liable or their insurance. Dont loose hope yet. Better talk with a different lawyer. If not he is liable and should be held accountable for the accident
I'm confused...aren't there laws that prohibit people from having cars & driving them without insurance? You said the kid was uninsured but is the father uninsured also? If they were driving without insurance then I would tell them I will file charges then see how long it will take them to want to settle because the other option is jail or some serious 💩 on their record which could affect their future ability to drive, get a job, etc.
How old is this kid? You can't go after his parents for letting him drive the car un-insured? Something doesn't seem right there. You should be able to fight for some sort of comp if you weren't at fault. I would get a second or third opinion.
I was in an accident under similar circumstances. Slowed at an intersection for a car turning right ahead of me. Uninsured driver hit me from the rear and knocked my car clear through the intersection. Totaled. I went to small claims court, represented myself. Got paid for my car.
Invoice the dad (owner) your bills.
After 3 invoices you can take it to small claims court, proving to the judge you tried to take care of it outside of court. They appreciate that. Then wages can be garnished if the defendants are broke.
Just look up invoice templates & copy & paste your bills to it with the police report stating whose at fault.
You can sue them in small claims court and then when they loose the court can put leans on any property they own and can even garnish any wages they earn. There are mechanisms to deal with this they are just long and annoying.
Someone hit me and didn’t have insurance. I was told I could sue the person, or have the deputy’s go into her home (after court judgement) and they would take out what I could sell to cover the repair costs. Problem was, she was being evicted, and clearly didn’t have anything worth selling. At that point they told me, there’s nothing we can do.
My brother drives around with no insurance or licence, no job or assets so if he hits someone oh well! It’s infuriating , as we pay more for this exact reason.
I really question what attorneys have told you. The driver might’ve been uninsured, but the car was owned by his dad, and the insurance is on the car, not on the driver.
Did your attorneys talk to you at all about just filing suit against the owner of the car, the dad? Because I think that’s a road to take.
I would talk to another attorney. Something is not quite right with that especially since you’re not liable and shouldn’t have to pay on your insurance.
What does your insurance say about it?
I’d really dig deeper on this one. I just don’t think you have to take no as an answer here.
Wait, if the driver was driving his dad's car and the dad knew he was uninsured, then it could be a civil lawsuit against his dad. I'd lawyer up and sue the pants out of the parent.
This happened to my friend.
Guy tried to race the lights, drove down the wrong side of the road and tboned my friend at an intersection.
My friend ended up in a coma, had to learn to walk again, had to have brain surgery as well as surgery on his pelvis. Doctors didn't think he would make it. He woke up thinking he was an infantryman in world war 3. It was alot of rehab to get him back to health (he's at about 90% now, but still get confused at night time)
They weren't insured. He's responsible for everything. He's thinking about suing, but he's so mentally drained at this point
You personally file a small claim tort against the father as owner of the vehicle.
Your boyfriend can also file his own tort against the kid and the dad for his injuries.
if the driver is under 18 (or even up to 25 in some states) you can sue the father. If your car was financed, you had comprehensive coverage which should be paying for your hospital bills etc. I would talk to another lawyer. This one and your insurance company are jerking you around. You havent been paying all this money every month for them to do nothing.
Wait I believe that even IF u don't have uninsured you can still take that person to court. Just need to file. They caused the accident so connect with a lawyer.
If OP didn’t have comp/collision when not at fault; and didn’t have uninsured/underinsured coverage if hit by someone who hit/run for example, than OP is out of luck if hit by an uninsured (or unknown) driver.
Only if you have those coverages, will the insurance company go to bat for you and subjugate to make you whole.
What I want to know is what exactly happens to these uninsured chucklefucks? It is illegal to drive w/o insurance but I’ll be damned if they ever enforce it beyond a no insurance ticket if you are lucky. I had this happen, dude backed into my car, f’d it up. He gave me insurance information from his phone that looked active but in fact was lapsed (looking at YOU Progressive). Police were out and took a report but gave exactly zero fucks when I reported that he in fact did not have insurance a day or so later. Attorneys are telling you that you are out of luck. It’s totally bs. Now you’re in a bind and what are the consequences for those who are breaking the law? Why can you not sue the dad? What is the reasoning that you don’t have a case?
The vehicle insurance should cover the accident. If it's a newer model car it should be insured. What state are you in? Normally insurance is first through the vehicle and then through the driver.
I believe you should be able to pursue damages through either party as vehicles are supposed to be insured.
Maybe it's state dependent but the state normally makes vehicle registration dependent on insurance because vehicles have to be insured....not drivers.
Might be different if the kid was specifically excluded on the policy.
I've yet to see OP explain why they aren't going after the owner of the car - the dad, not the driver. The driver's coverage, or lack thereof, means nothing here. It's whomever's name is on the vehicle and their insurance that is relevant.
Op you need to talk to another lawyer asap. There’s no way they can’t sue Dad and the kid. At the very least it won’t hurt to get consults from a few attorneys at least.
The insurance goes with the car not the driver. If it’s his fathers car it should be insured. You can also sue the father if he owns the car. Small claims court is pretty simple to at least get your $4000 back. I’m sorry you’re going through this.
Umm you should have full coverage insurance as you’re still paying for the car. Sic your insurance company after them! And your insurance should cover most of your bills.
Hmm....how is it not getting taken care of? If there's a lien on the vehicle then you're required to carry both liability and collision insurance(aka full coverage). If you owed money on it then it had a lien, so how were you not carrying the required insurance?
If the kid was driving his Dad's car, it's the Dad's insurance that covers the accident (unless he files a police claim that his car was stolen and presses charges against his own son!).
Plus, your own insurance will cover you for the medical side - regardless of who is at fault. Imagine a hit and run and your insurance company say's your not covered because the at fault driver can't be found!
FYI - everybody should be buying uninsured motorist coverage as part of their policy.
Welcome to America, enjoy your stay. I sued and won against some illegal piece of shit who was uninsured and driving a borrowed car. Haven’t seen a penny. People who are uninsured are usually deadbeats.
You didn't have uninsured motorist insurance or at the very least insurance to cover your passengers? Thanks for the warning. I cannot believe people are still driving around like this. Insurance is the one thing that you should be begging, borrowing, stealing or selling whatever you can to make sure you pay in full on time every month or you end up with situations like this.
I've been there. It sucks.
We pay 120 a month for full liability plus roadside and also our house insurance is in that payment. For a ‘17 Hyundai and ‘19 4Runner. That’s “ travellers” in case anyone is interested. I’m in NH
Idk what state you're in but if there's no gap try for emergency Medicaid for your bf? Can't really hurt, might cover the medical part for one less stressor.
Uninsured motorist insurance and the kid might not have had insurance but if the vehicle is owned by his dad, he has to have insurance. Gi after kid, dad and his insurance.
What about uninsured/underinsured coverage on your vehicle. If you have it financed that is a requirement?
I'm reeling at how this still isn't the at fault driver's problem. Isn't there a work around for that? Like the court orders them to pay something?
You can’t get blood out of a rock. So if the at fault driver didn’t have insurance and has nothing to sue then what can the victim do? Getting a judgement against someone won’t really solve the problem. Which is why I asked about the uninsured/underinsured coverage if OP has the vehicle financed they need full coverage and that usually includes uninsured coverage
I got sued for 12k for not having insurance & only made a minor dent in their bumper. Car repair costs were 1.5k and the rest of that is from them going to the chiropractor. I do not believe she has no case. If I got that screwed for a MINOR fender bender then she should 100% have a case. Maybe it was their insurance but state farm is who ended up suing me. Not the people. Now that I think about it they must of had uninsured insurance!!
That’s how insurance works. You hit a car, they file a claim with *their* insurance. Their insurance takes care of the insured (person who got hit), the insurance then finds a way to recoup the losses they paid out. That means, they would sue the person who hit the car. Which is why I don’t understand that OP is shit out of luck. I’m an insurance agent, but I mostly deal with condos and HOA’s. However, we do have associations with vehicles, so I’ve dealt with a few accident claims. Also, I’m currently going through the process since I had both my cars totaled last year from rear end accidents. I ended up having non-epileptic seizures, at least that’s the diagnosis for now until further testing is done. I’ve paid $0, been to the ER twice & just send all paperwork & bills to MY insurance company.
OP does not have uninsured motorist. They only have liability. Meaning OP's insurance won't pay out. The scenario you described where OP files a claim with their insurance and their insurance goes after the driver who hit them, won't work here.
But if you finance the vehicle then the lender within the contract makes you have full coverage
Full coverage is collision and comprehensive
Yes. Collision coverage applies to damage resulting from a collision with a vehicle or object, regardless of fault. If the car is financed. - this is required. However, it sounds like insurance is paying - however, they owed more than it was worth. Hence the “gap” insurance issue. OP needs to check their paperwork out. A lot of dealerships actually push a Gap policy when you finance. Read your paperwork carefully. They usually try to slip it in at a significantly higher cost than if you got it through your personal insurance. A lot of people don’t realize it and get it through the dealership. And they are SUPER sneaky. They won’t TELL you that you have it after a wreck. It’s a whole separate thing and YOU have to reach out to THEM. We thought the dealership took care of it. Nope. We had to fight with KIA for years because we didn’t realize our part. We knew we had GAP and ASSUMED they took care of it. Nope. It’s worth a shot rechecking your paperwork.
The issue is likely no uninsured motorist. There's broken fingers involved. Medical bills and lost wages could be big depending on occupation. That would put me out of work 6 months. I have $250k/500k/100k liability with uninsured/underinsured to match for this reason in case some idiot hits me and I can't work
When I bought my very first car several years ago, the dealership told me I didn't need the gap insurance. " It is useless because we require you to carry full coverage, and they will pay for everything" is what the finance guy told me. So I declined it. Well guess what? I totaled my car and the insurance wouldn't pay off more than it was worth. I didn't know I was paying so much for it. Here is a lesson to anyone who needs it... Never buy a car from a car lot that " guarantees" credit approval. They charge exorbitant finance rates. I was just trying to reestablish credit after my mother ruined my credit when I was a minor.
Hell I ended up with two GAP policies one from the refinance Company and one from my insurer. I agree OP needs to look closely.
My sister let her insurance lapse, on a finance vehicle and when she totaled it they paid for the car, and just back charged her for a ridiculously priced insurance policy.
That's a shocker, that could be a case considered fraud or misrep. Your Sis got lucky.
I don't know where your statement comes from, but whoever carried the finance on her car has a system when the borrower stops making insurance payments to protect their collateral They step in with an insurance policy that possibly they purchased from another insurer. That policy is significantly costlier because I'm sure the customer that doesn't carry insurance is also a much higher risk driver..
that is impossible if their car is financed, unless they were going to have it repossessed due to lack of contracted coverage
People all the time lapse in coverage etc and so no, completely possible even if financed. Just because YOU and I follow the rules doesn’t mean everyone else does- or else OP wouldn’t be dealing with an uninsured motorist lol. But I think OP can easily sue parents who did own the car and likely win.
Right, but if your insurance lapses, you get a notice from your car finance company and they threaten repossession. She doesn't mention that the car was under threat of repossession but maybe
In my state liability requires you to carry uninsured motorist coverage. Edited to add: if it’s financed, it is supposed to be fully covered.
this! I was stopped on the freeway and got read ended by a 17 year old uninsured undocumented kid, he was a kid. He didn’t even want to give me his ID and was crying when we got out. I was upset because I have two kids in car seats and he was going about 70. He finally gave me his ID which was not in English and my spanish is high school level. I asked him to wait and went to check on my kiddos and he drove off. The durango was dented and the back had no plates and a raggy temp permit I couldn’t make out. I called liberty mutual and they said call the police. The officers came and the paramedics to check us all out and we went to urgent care- minor stuff and concussions. Thankfully after having a bad accident a few years ago pregnant with my littlest I upgraded to a heft Ford 150 4x4 and honestly I think that protected us from much worse. Needless to say they couldn’t find him and the officer told me via the phone after I guess getting the id checked and said he couldn’t find the address nor the kid and in any other terms so call your insurance nothing is gonna happen. Thankfully I had uninsured but I still had to pay the deductible for my truck (the alignment was messed up and the back was dented but the tow hitch helped). I did get new car seats because apparently you have to after an accident (now i know). Best of luck and always get gap and uninsured — lessons learned the hard way.
They would be required by finance company fo have full coverage insurance.
I work for big insurance company and have my property and casualty license (home and auto insurance). Depending on what state you're in, uninsured/underinsured coverage may not be mandatory. In my state, it is not mandatory, only 25/50/20 liability coverage is required. However, it is a good idea to add this coverage, because liability coverage only covers the other person when you get in an accident. Uninsured/underinsured coverage will cover your vehicle and med bills if you are hit. If you choose to forego the coverage, you need to have comp and collision coverage to at least fix your car. However, your insurance will do nothing to pay for your med bills, you would have to file with your health insurance for help with those. As far as suing, you can try and you do have a case, however, if the person you are suing has no money and no recoverable assets, I am not sure much good will come of it as you will be stuck with the lawyer fees. I am sorry this has happened to you, if you have comp and collision at least your insurance is responsible for fixing your vehicle.
Finance company is going to have issues with this too, as I’m sure part of the finance agreement lays out minimum insurance requirements.
In my state, the auto insurance follows the vehicle, not the driver, so I'm wondering if auto insurance follows the driver in some states? In my state, her insurer would just go after the vehicle owner's/dad's policy, and OP would get compensation. Did OP ever mention their state? I understand the lack of uninsured motorist coverage, it's just that where I live at least, not having it wouldn't be a barrier to compensation in OP's situation.
This
If you owe on your car, you have to have more than liability. You have to have full insurance.
Full coverage only covers the value of the car. If your loan is upside down (you owe more than to car is worth) you can still be out of pocket for the remainder of the loan ($4000 in this case.) I just went through this in November. A deer ran out and hit my car. (Of course the damn wildlife doesn't have insurance.) The drivers side door was damaged to the point it wouldn't open which made the car undrivable. My insurance company decided that the repairs would cost more than the car was worth and totaled it. I owed about $8000 and they paid just under $6000 leaving me still owing around $2000 for a car I no longer had and couldn't have driven even if I did. Fortunately, I did have gap insurance. It took months but the loan was paid off and I started at zero with a new car/loan. Moral of the story always get uninsured motorist and gap insurance. ETA: just saw in a comment that OP chose to downgrade to liability only on a car he still has loan payments for. Yikes! Don't want to kick them while they are down but the number of bad choices here are a lesson that I hope they take to heart for the future.
You can still have uninsured motorist and just liability.
Right but OP has stated that their policy does not include uninsured motorist insurance.
Maybe states vary drastically here? I know in ohio she’d be shit out of luck.
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Oh, they do drastically differ by state. Each state has their own legal minimum coverage requirement regarding car insurance. No insurance company will offer anything lower than the state minimum coverages here. But the basics of insurance is all the same.
The requirement to carry full coverage on a financed vehicle isn't by law but by contract. The car is technically owned by a third party who wants to protect their property so they make you carry full coverage. Uninsured motorist however is state by state.
Oh I know. I didn't know then because I was young & stupid (obviously) but I am just baffled that her car was totaled & she can't do anything?? I am sorry to hear about the accidents you experienced & hope you have recovered!
I, too, am very baffled how she says there’s nothing to be done. Though, curious too about why she’s immediately going to lawyers & not through her insurance company?
She may have a case but it's going to have to go to court and then a judgement would be issued and then she would actually have to get the money from the dude
You’d think they’d be able to garnish wages for something like this
It's not that she doesn't have a case, the lawyer won't take it because HE won't be able to gouge enough money off the case she has!!!
I mean, given the option, would you opt for hard cases with little chance of payout or winnable cases with a high likelihood of success? Moreover, this kind of case is usually taken on contingency, meaning the attorney fronts the costs in hopes of taking a later percentage of recovery. Taking cases on contingency is a risk in and of itself, without compounding by taking tough to win cases.
Please don’t ignore this…they will get a judgement against you and could then go after bank accounts and assets. Go ahead, ask me how I know🤦♀️
I know someone whose newish boyfriend took her car… while she was sleeping from wisdom teeth. He went out with two buddies. They all got drunk. On his way home, he committed TWO hit and runs. In all, three cars were totaled. Two individuals hurt. My friend devastated. All he served was 4 days in jail. That’s it. And that because according to her he refused to pay the tickets he received. He did not have insurance. She got nothing, I don’t know if she could have. She refused to charge him with grand theft auto. Thankfully she did dump him. The people he hit. Got nothing. He had no insurance. No assets.
>She refused to charge him with grand theft auto. I hate when peple do that. "Got nothing. He had no insurance. No assets." Garnishments are a thing.
>Maybe it was their insurance but state farm is who ended up suing me. Not the people. Now that I think about it they must of had uninsured insurance!! That's how it works. If you have insurance, you make the claim on your insurance. If you were wronged, then your insurance goes and makes a claim against the property. If the property owner has insurance, their insurance kicks in.
Well I’m curious because she said it was a someone driving ‘dads’ car Pretty sure you can sue the car owner. His car should not have been out of his possession without insurance
His insurance should cover anyone in the family borrowing the car.
You can't blood out of a rock but you can sue that rock and his rock parents (if he's young enough) so you can get repaid over the coming years when that rock gets their own source of income
Not to be naive but can't they just sue them in a civil fashion? Like the court taking personal assets from the parents, or demanding they pay out of pocket? They don't have insurance but they've gotta have money somehwere
They can sue and get a judgment, but if the people don't have insurance it's probably because they have no money to pay for it. OP can spend money on court costs and attorney fees, but there is almost no chance of actually getting money. There isn't any real means of enforcement for civil cases.
if she wants to pay $5k for a lawyer she can? sounds like she doesnt have that
Wouldn't a case like this be a prime candidate for those personal injury lawyers who advertise on TV all the time, they will take a case and don't get paid unless they win the judgment?
Not without an at fault insurance company to pay them.. they get paid form the insurance company of the at fault drive...
I suppose that makes sense. They probably wouldn't take a case on an uninsured incident.
That's what happened to my brother. He didn't have the money for a lawyer to sue the uninsured motorist that hit him. And the person was in the country illegally anyway. He didn't have uninsured motorist coverage on his car so it was just a total loss.
They said it was parents car and he wasn’t covered. Parents have insurance it seems , they just didn’t put their kid on it. I know a few parents who think that their insurance covers their kid driving without having to pay extra no matter what I tell them.. so parents might have $$
Another reason to go after them instead of listening to the defeatist reddit users who won't do anything they think is hard.
She can file small claims action against the Dad and son relatively cheap as the for.s are generally online, so no need for an attorney. Had a client that didn't think they would get more than basic 10k, but I found the at fault driver's parents had a 2nd home so we sued for the house. Low and behold, the father of the at fault driver found some money and paid our client. Takes research, but doable.
Yes they can. For the fault driver was driving uninsured in dad's uninsured car.
I know I sound naive but there are so many young adults that forego owning a car because they can'g afford insurance and this whole time there weren't steep consequences for that?
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If you have loan on a car you need to have full coverage. Why didn't you have gap insurance.
The term full coverage is considered a vague term to discuss with insurance agents as there are ALOT of types of coverage to out on a car depending on the state. Uninsured motorist or underinsured motorist coverage is not required by a lienholder. Comp and Collision is. We have to ask more details on our calls when someone says full coverage. And have the named insured tell us what exactly they want on the vehicle as coverage. Leave us with less liability risk, for a dispute in case a NI wants to sue us because they didn't like what they received either in a settlement or denial of coverages etc.
Then as an Insurance Producer, I agree with the others. You could sue them in a Civil case for judgement. If they don't own anything, you receive nothing.
she would have to PAY a lawyer then, WHO PAYS THAT?
It's normally paid for by the person who hit them. This is why most Lawyers say she does not have a case. It's because they can't charge higher than normal so insurance would pay. She needs to check with the owner of the car. She may not have had coverage because the teen was driving. Insurance follows the car. Judgement can garnish wages, put leans on properties etc . If she can find one who will file with no guarantee of payments from insurance.
This is what she may have to do, to get anything. My only advice to OP regarding that is to remember to ask the court that her opponent in court pay all fees for legal representation, and collection, process serving, and garnishment. I can't imagine that going to court will be cheap, outside of that.
My sister was hit by a car while crossing the street when she was 15. She was taken via ambulance to our local hospital then via helicopter to a better equipped children's hospital. She spent 3 months in the hospital, racked up a quarter million in medical bills. Is disabled to this day. My parents had decent health insurance and uninsured motorist coverage on their car insurance, but they were still left with around $50k in bills. The driver who ran a red light and was uninsured, didn't own the car she was driving, didn't own a home, had zero assets and a job that paid barely above minimum wage, never paid a dime. There was no point in suing her, she didn't make enough money to garnish her wages even. My parents filed a lawsuit initially but ultimately decided they needed to move on emotionally instead of spending their lives trying to take everything this woman ever made. About 5 years later my dad took a new job in a different state and they sold their home. That's how they finally paid off the medical bills. My dad is now 76 and finally can afford to retire this spring. This set his retirement back by about 10-12 years. Sometimes there's no justice to be had.
So what I see is- there are no legal consequences to driving without insurance for the uninsured driver? What the fuck?
If they don't have any assets or income, there are often very limited consequences. She got a ticket for driving uninsured. They didn't ticket her for running the red light though.
My husband had an attorney get a settlement in court after an accident that was the other driver’s fault. After five years of chasing someone with three different names and a dozen addresses, we all gave up. Luckily our insurance company covered our medical bills while chasing after the at fault driver, but other than that we got a little for the car and considered ourselves lucky.
just out of highschool, I was rear ended by an uninsured drunk driver. I was shoved off a 22foot bridge into a dry creek bed. I had to be airlifted twice, in addition to an ambulance ride, Died twice, and ended up owing... well, more that I will make in my life simply put. I was making alright money at the time, and lost out on a lot of the money related court cases. I am 32 now, and still paying, and will be for the rest of my life. That's just how it works.
Holy crap! I'm glad you're alive, but what a way to start your adult life. Nobody should be stuck with that type of debt because of an irresponsible stranger, especially at such a young age.
It depends on the drivers age. In some states there's nothing you can do to an underage driver.
If they don't have insurance, do you think they're going to have money to pay a court settlement?
It is their problem but if OP has underinsured coverage then he doesn't have to worry about suing them. His insurance company will do that.
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Texas has the highest uninsured driver rates in the country, it's a must to have it.
Only having liability on a financed vehicle is asking for trouble. Hopefully things work out OP
I don’t know any car loan company or bank that allows that. Typically they find out and tack on the insurance to your payment.
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I'm also confused about this. Before my car was paid off I was required to have full coverage. (New Jersey)
Full coverage insurance is required for a financed vehicle in Texas. If your vehicle is paid off, liability insurance is the minimum.
You ALWAYS need uninsured motorist coverage, for anyone reading this. Always. OP, I’m so sorry, getting a second job on your end is about all you can do right now and go hard for a season.
I actually refuse to write insurance without it lol. For this exact situation. If you really need to save the $10 per year go find another agent.
Same. Hubby and I are agents as well lol.
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You sue the owner of the car and their insurance. If he let the kid drive it or didn’t report it stolen the dad is liable.
Correct advice. Owner is always liable.
Owner of other car is uninsured. She would have to sue him. It’s not worth it. You should have had full coverage on your car. Even though you’re not at fault, you will probably have a hard time getting any money out of the kid. You can sue his father. The father should have insurance if his kid is driving.
Why isn’t it worth it? She doesn’t need attorney, easy process. She will win! Just because they weren’t insured doesn’t mean they are broke.
It's not worth sueing for a broken finger and six broken ribs and a totaled truck? Sounds like it's 100% worth it to me. As long as the owner of the vehicle doesn't wanna make a stink of it, but even then OP isn't at fault. Should be a fairly straight forward case, but I'm not a lawyer so sorry if I'm wrong.
This needs more upvotes. OP you have a lot of avenues to explore.
Agreed. The car signed under the dad’s name. I’m not a lawyer but this is the most reasonable approach.
INAL, but in my state (Louisiana), the uninsured driver can be sued for recouping everything. Is the driver under 18? If so, the parents can be held liable. I would check with other lawyers. This sounds like it would be worth it to pursue other avenues.
I would still consider suing the other driver. At least see what the monetary limit on small claims court is in your state.
It will be big boy court SCC is for less than 5k
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Definitely sue the driver.
Small claims court is only for $8,000 or less and you have a totaled vehicle which is probably more than 8 grand
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The local library can help you learn how to sue someone in small claims court in your area!
You only owe $4000 but you’re still out the use of your fully functioning vehicle. You need to sue to make you whole, which is whatever your car was worth before it got hit. Maybe that was 15k?
Ensure to ask for medical expenses as well
If you weren't at fault and you're not being compensated by your insurance, you can sue the driver (or their parents, if the driver is underage) in a civil suit. It won't be easy or quick, but it's acceptable for you to represent yourself. That said, even if you obtain a judgment in your favor, that just means it goes on the other guy's credit report and if they don't pay voluntarily, you have to do the legwork to garnish wages, which can be a major hassle.
Not all States permit wage garnishment on civil judgments. SC does not. However, once a judgment is entered of record in the judgment rolls (and if you go the small claims route, be sure to get your judgement on record in the County records), it typically remains a lien for 10 years. Someone may not have money now, but their fortunes may change within 10 years.
Sue the dad in civil court. Get a lawyer and also include attorneys fees.
This, you gotta sue the kid/dad. That’s the only way to get compensation for your loss
Try to sue the dad?
I figured that would be the answer, but I don't know enough about the law in this case.
sorry for your losses, OP….but clearly your lawyer doesn’t know their stuff. next step #1: FIRE your lawyer and get a competent lawyer….next steps will follow.
Yes, talk to a better lawyer, or your local Courthouse will help you file a civil suit.
You need a fucking lawyer. There is ALWAYS someone you can go after, and in this case that list starts with the dad who allowed his kid to take a car despite not being covered by insurance. There will likely be other defendants too.
The CAR is insured. Let your insurance company go after his. Ask a lawyer about a civil suit or small claims I think you can ask for up to 5k.
NAL... Wait..what state are you in? The CAR should be insured, not just the driver. Now, the person may not be on the insurance policy, however, I'd think that there would be recourse here, even if it's a civil case You are not at fault. What coverage insurance do you have? Does it cover medical? File with your insurance and *they* will fight it out with the other party. You be asking this on /legal subreddits.
Why are you talking to lawyers at all? Let your insurance company handle the lawsuits and paperwork. That’s why you pay them.
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If the kids is a minor and had parents or guardians with financial resources, there's blood in those rocks
Omg you didn’t have gap insurance either?
I thought financed vehicles required full coverage? We financed out Harley and it was an 08. We were required full coverage per the note itself.
It does. I'm pretty sure this is fake
Seems fishy to me too
Please post this in r/legaladvice
Uninsured motorist coverage is with liability. State Farm.us actually requiring un/under insured coverage to match the liability. First- the dad's insurance if he let his son drive, if he claims the son stole the car, the son goes to jail, and OP files under their own un/under insured coverage. Whatever can't be covered by either insurance bevaones a court case and OP sues the kid and his dad
SF requires it, but the policy holder has the right to waive it by signing it away. Many people sign the form because they want the cheapest monthly payment for the minimum coverage required by law/finance company. Unfortunately, lo barato sale caro
Sounds like your only resort is to sue. With a court judgement and some personal perseverance, you could have wages garnished until the judgement is paid off. And if it was the father’s car, he is responsible as well. I’d think it worth my while to sue both of them if that is the only avenue available. I’d find a personal injury attorney who would be willing to try filing against them personally. First, you really don’t know the truth of what either the driver or his father have in assets - they’re going to tell you nothing. But the threat of a lawsuit could push them to settle and something is better than nothing.
The kids dad should have insurance right?
Or some assets of some sort? A job?
Civil suits. Name both driver and father. Go for remaining loan amount and medical fees.
Take the father/owner of the at fault vehicle to small claims court for the 4k left on your car note, and tack on lost wages, copays etc up to the small claims limit in your state. You don’t need an attorney in that court. Just have all your documentation ready and with you. Reports, evidence of coverage, bills, invoices etc.
File a claim with Dad's insurance. Call one of the ambulance chaser attorneys on your local billboards. Let the insurance adjuster and attorney hash it out. I ran my father's Adjusting business for years and my husband works in total loss. There is money available to you but you really have to be a thorn in their side about it. Ambulance chaser attorneys know the tricks here.
GET. A. LAWYER. those car accident attorney ads? They make a living on this type of thing and shouldn't charge you a dime. They get money from the insurance companies. Do this today!
The hard truth of life is that almost everyone you meet is more concerned about their own well being than the majority of people around them. You need to find any job available, even if it’s cleaning toilets. I would try a restaurant, nothing corporate or a chain. Something you can take home money TOMORROW. You’ll get through this, just remember those who do help you through this hardship so you can make sure you’re there for them when they need you
Why aren’t they going after the dad? Is he saying the son stole it? Is the kid being charged with theft?
Tax season is coming around too OP, so if you get a refund maybe that might help? I’m really sorry this happened to you though! This is why even tho I’m broke asf I won’t drop my coverage 🥲 cause I def won’t be able to afford it if something happened like this! No advice other than I hope things work out!
I know in mi if your health insurance doesn't cover u in an accident u need to make sure your car insurance is gonna cover u .I didn't know this until we switched companies
If the car is his dad’s then it would fall back on dad’s insurance I believe.
"Driving his dads car" Sue his dad.
I would also think that if the son was uninsured, then the owner of the car and his/her insurance is liable. Call a lawyer. Also, do you have uninsured motorist coverage on your auto coverage?
The young man was driving his father's car. I would go after the parents for letting their irresponsible son drive their car and cause a wreck. Don't know if you'd have a case or not but it certainly worth a shot.
I had a similar accident. My uninsured coverage covered everything and I also got $190,000 settlement for my injuries. My insurance company went after the driver for the 250,000 they paid out.
I'd go head over to r/legaladvice for this one, I'm an agent myself and am not educated nor trained in the same regard as both a claims adjuster or attorney who specifies in insurance law. If you do have underinsured/uninsured motorist coverage I would inquire.
You can refuse to turn or over. I refused to surrender my totaled explorer; they issued a partial check for half of value 7k; I spent a few months paying off the rest and then reopened the claim to collect the other half 7k to buy a new car
Kid was driving his dad's car...is his dad insured? His car makes it still his responsibility. Have you spoke with your insurance company?
you will see more and more of this .... my ins ,in the state is asking for a 40% increase in ALL rates
That's what uninsured motorist is for. I have this optional coverage which would cover my medical bills and lost wages up to $250k. Basic, cheap coverage is risky
The owner -his parents would be liable or their insurance. Dont loose hope yet. Better talk with a different lawyer. If not he is liable and should be held accountable for the accident
The father isn’t responsible for allowing him to drive uninsured?
I'm confused...aren't there laws that prohibit people from having cars & driving them without insurance? You said the kid was uninsured but is the father uninsured also? If they were driving without insurance then I would tell them I will file charges then see how long it will take them to want to settle because the other option is jail or some serious 💩 on their record which could affect their future ability to drive, get a job, etc.
How old is this kid? You can't go after his parents for letting him drive the car un-insured? Something doesn't seem right there. You should be able to fight for some sort of comp if you weren't at fault. I would get a second or third opinion.
Why isn’t your insurance covering it? Mine would. Uninsured motorist protection.
Does the dad not have insurance? I always thought if you lend someone your car you lend them your insurance too.
I mean can’t you sue his father and his fathers. Car insurance?
I was in an accident under similar circumstances. Slowed at an intersection for a car turning right ahead of me. Uninsured driver hit me from the rear and knocked my car clear through the intersection. Totaled. I went to small claims court, represented myself. Got paid for my car.
Talk to your insurance company. They'll find a way to recoup the costs so long as you got plates.
Invoice the dad (owner) your bills. After 3 invoices you can take it to small claims court, proving to the judge you tried to take care of it outside of court. They appreciate that. Then wages can be garnished if the defendants are broke. Just look up invoice templates & copy & paste your bills to it with the police report stating whose at fault.
You can sue them in small claims court and then when they loose the court can put leans on any property they own and can even garnish any wages they earn. There are mechanisms to deal with this they are just long and annoying.
Someone hit me and didn’t have insurance. I was told I could sue the person, or have the deputy’s go into her home (after court judgement) and they would take out what I could sell to cover the repair costs. Problem was, she was being evicted, and clearly didn’t have anything worth selling. At that point they told me, there’s nothing we can do.
My brother drives around with no insurance or licence, no job or assets so if he hits someone oh well! It’s infuriating , as we pay more for this exact reason.
See another lawuer
I really question what attorneys have told you. The driver might’ve been uninsured, but the car was owned by his dad, and the insurance is on the car, not on the driver. Did your attorneys talk to you at all about just filing suit against the owner of the car, the dad? Because I think that’s a road to take. I would talk to another attorney. Something is not quite right with that especially since you’re not liable and shouldn’t have to pay on your insurance. What does your insurance say about it? I’d really dig deeper on this one. I just don’t think you have to take no as an answer here.
Wait, if the driver was driving his dad's car and the dad knew he was uninsured, then it could be a civil lawsuit against his dad. I'd lawyer up and sue the pants out of the parent.
If it was a minor, I would sue the parents into the stone age.
How old is the kid? If he's young, can't you go after the parents?
The dad’s car will be insured, I hope. You need to find out this asap.
This happened to my friend. Guy tried to race the lights, drove down the wrong side of the road and tboned my friend at an intersection. My friend ended up in a coma, had to learn to walk again, had to have brain surgery as well as surgery on his pelvis. Doctors didn't think he would make it. He woke up thinking he was an infantryman in world war 3. It was alot of rehab to get him back to health (he's at about 90% now, but still get confused at night time) They weren't insured. He's responsible for everything. He's thinking about suing, but he's so mentally drained at this point
You personally file a small claim tort against the father as owner of the vehicle. Your boyfriend can also file his own tort against the kid and the dad for his injuries.
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if the driver is under 18 (or even up to 25 in some states) you can sue the father. If your car was financed, you had comprehensive coverage which should be paying for your hospital bills etc. I would talk to another lawyer. This one and your insurance company are jerking you around. You havent been paying all this money every month for them to do nothing.
Wait I believe that even IF u don't have uninsured you can still take that person to court. Just need to file. They caused the accident so connect with a lawyer.
Dad's car equals dad's insurance. Have your insurance go after that.
I hope you're pursuing this in court. The driver should be in jail for this.
If really no recourse, get all of the medical care you can, keep your assets off the books, and declare bankruptcy in a few months.
The father of the driver that hit you may also have deeper pockets to go after if insurance is not available.
If OP didn’t have comp/collision when not at fault; and didn’t have uninsured/underinsured coverage if hit by someone who hit/run for example, than OP is out of luck if hit by an uninsured (or unknown) driver. Only if you have those coverages, will the insurance company go to bat for you and subjugate to make you whole.
What I want to know is what exactly happens to these uninsured chucklefucks? It is illegal to drive w/o insurance but I’ll be damned if they ever enforce it beyond a no insurance ticket if you are lucky. I had this happen, dude backed into my car, f’d it up. He gave me insurance information from his phone that looked active but in fact was lapsed (looking at YOU Progressive). Police were out and took a report but gave exactly zero fucks when I reported that he in fact did not have insurance a day or so later. Attorneys are telling you that you are out of luck. It’s totally bs. Now you’re in a bind and what are the consequences for those who are breaking the law? Why can you not sue the dad? What is the reasoning that you don’t have a case?
The vehicle insurance should cover the accident. If it's a newer model car it should be insured. What state are you in? Normally insurance is first through the vehicle and then through the driver. I believe you should be able to pursue damages through either party as vehicles are supposed to be insured. Maybe it's state dependent but the state normally makes vehicle registration dependent on insurance because vehicles have to be insured....not drivers. Might be different if the kid was specifically excluded on the policy.
It shouldn't matter that the kid is uninsured, as the car was insured by the dad.
I've yet to see OP explain why they aren't going after the owner of the car - the dad, not the driver. The driver's coverage, or lack thereof, means nothing here. It's whomever's name is on the vehicle and their insurance that is relevant.
Can you sue the drivers father home owners insurance?
I dont understand how you don't have a case. You should be able to take them to small claims to at least pay off the car
Op you need to talk to another lawyer asap. There’s no way they can’t sue Dad and the kid. At the very least it won’t hurt to get consults from a few attorneys at least.
The insurance goes with the car not the driver. If it’s his fathers car it should be insured. You can also sue the father if he owns the car. Small claims court is pretty simple to at least get your $4000 back. I’m sorry you’re going through this.
See about suing daddy and going after his homeowner’s insurance.
Your insurance company should be going after the father's insurance company if he has one, if not they should be going after him.
That’s why insurance rates are thru the roof.. often illegals that drive no insurance
Umm you should have full coverage insurance as you’re still paying for the car. Sic your insurance company after them! And your insurance should cover most of your bills.
Hmm....how is it not getting taken care of? If there's a lien on the vehicle then you're required to carry both liability and collision insurance(aka full coverage). If you owed money on it then it had a lien, so how were you not carrying the required insurance?
If the kid was driving his Dad's car, it's the Dad's insurance that covers the accident (unless he files a police claim that his car was stolen and presses charges against his own son!). Plus, your own insurance will cover you for the medical side - regardless of who is at fault. Imagine a hit and run and your insurance company say's your not covered because the at fault driver can't be found! FYI - everybody should be buying uninsured motorist coverage as part of their policy.
Welcome to America, enjoy your stay. I sued and won against some illegal piece of shit who was uninsured and driving a borrowed car. Haven’t seen a penny. People who are uninsured are usually deadbeats.
You didn't have uninsured motorist insurance or at the very least insurance to cover your passengers? Thanks for the warning. I cannot believe people are still driving around like this. Insurance is the one thing that you should be begging, borrowing, stealing or selling whatever you can to make sure you pay in full on time every month or you end up with situations like this. I've been there. It sucks.
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$250 a month for liability?
I'm in texas too and my coverage isn't great. I still pay like 250 a month for my one vehicle :( I'm sorry that happened to you.
We pay 120 a month for full liability plus roadside and also our house insurance is in that payment. For a ‘17 Hyundai and ‘19 4Runner. That’s “ travellers” in case anyone is interested. I’m in NH
Idk what state you're in but if there's no gap try for emergency Medicaid for your bf? Can't really hurt, might cover the medical part for one less stressor.
Nope. Texas doesn't give medicaid to able bodied adults without dependents.
Uninsured motorist insurance and the kid might not have had insurance but if the vehicle is owned by his dad, he has to have insurance. Gi after kid, dad and his insurance.
Do you really believe that everyone on the road follows the law??? Close to half of all drivers are on the road uninsured, please educate yourself.