uninsured motorist hit me

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Latest post Thu, Jan 28 2016 11:04 AM by Drew. 7 replies.
  • Wed, Jan 27 2016 7:56 AM

    uninsured motorist hit me

    During a heavy rainstorm, I got rear-ended by an uninsured motorist. He tried to talk me out of getting any info from him, but finally (as I got more and more drenched) he verbally gave me his name and DL #. I got the license plate number off his car. He told me at the time he had insurance, but refused to show me any kind of ID. 

    So, I turned the claim in to my insurance company who handled it quickly and professionally. I heard yesterday that he was, in fact, uninsured. The insurance company rep told me that the accident is 100% his fault and they are subrogating it to him.

    I am wondering what kind of trouble he is in.  

    Driving without insurance, as is required in California? Will he get cited?
    Following too close for the road conditions? It was pouring rain. Again, will he get cited for that?
    Lawsuit from my insurance company for my damages? Collection agency efforts?

    I'd like to feel sorry for the guy and hope he doesn't get into too much trouble but, on the other hand, he was a total weasel when we were exchanging information. He stood there with an umbrella keeping himself dry while I got soaking wet. I had to argue with him just for his name and DL#. He told me (in his expert opinion) the accident was 50% my fault because I "stopped prematurely". The light turned yellow and I stopped.

    Ironically, I was on my way to my Water Fitness class and had my swimming suit on under my sweats and rubber shower shoes on my feet. Not too much damage to my clothes and shoes!

  • Wed, Jan 27 2016 8:54 AM In reply to

    Re: uninsured motorist hit me

    Well, Jack knows far more about this than anyone else I think.

    But I think if you did not already, you should report this to your insurance company.

    I have no clue what this guy gets charged with, but if it were me, I'd just call my insurance company, let them know what happened, and let them handle it.

    It does not sound like police ever enter the scene.  

    Of course we all know, you cannot pound blood from a stone, but if you have collision, your insurance company can give it a try.

    Good luck!

     

  • Wed, Jan 27 2016 9:09 AM In reply to

    Re: uninsured motorist hit me

    CuriousInCa:
    Driving without insurance, as is required in California? . . .

    Following too close for the road conditions? . . .

    Lawsuit from my insurance company for my damages? Collection agency efforts?

    Despite your use of question marks, none of these sentences are questions.  If you intended questions, I cannot discern what you intended to ask.

     

    CuriousInCa:
    Will he get cited?

    We have no way of predicting the future.  However, California law requests that all parties to an accident file an SR1 form with the DMV if the accident resulted in more than $750 in property damage or injury/death.  Your insurer likely will do this on your behalf, but you should confirm that.  Once you or your insurer files an SR1, the DMV will send a notice to the other party to remind him that he needs to file.  If he doesn't do so, his license can be suspended.

     

    CuriousInCa:
    It was pouring rain. Again, will he get cited for that?

    Ummm....really?

     

    CuriousInCa:
    Ironically, I was on my way to my Water Fitness class. . . .

    Coincidence and irony are not the same thing.

  • Wed, Jan 27 2016 9:22 AM In reply to

    Re: uninsured motorist hit me

    Too bad you did not call police. He would have been given at least 1 citation and probably his car towed. He is 100% at fault and hopefully your insurance company will go after him.

  • Wed, Jan 27 2016 10:08 AM In reply to

    Re: uninsured motorist hit me

    OliviasMom:
    Too bad you did not call police. He would have been given at least 1 citation and probably his car towed. He is 100% at fault and hopefully your insurance company will go after him.

    Many local police departments will not respond to an accident unless there's an injury involved.  CHP responds if it's on the freeway.

  • Wed, Jan 27 2016 1:39 PM In reply to

    Re: uninsured motorist hit me

    OliviasMom:
    Too bad you did not call police. He would have been given at least 1 citation and probably his car towed.

    Depending on where in CA this occurred, it's likely that the police would not have responded.  They generally won't when neither party is injured and both cars are driveable.

  • Wed, Jan 27 2016 7:23 PM In reply to

    Re: uninsured motorist hit me

    Make sure you report the uninsured loss to the DMV. That might get him a license suspension. Don't rely on anybody else to do if for you.

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • Thu, Jan 28 2016 11:04 AM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on Thu, Mar 30 2000
    • PA
    • Posts 51,369

    Re: uninsured motorist hit me

    Technically you risk being charged with a crime if you fail to properly report it....get it done like today. 

    Let the other chips fall as they may....

    Do NOT make a threat to report unless you get paid ...that may well be over the line into extortion..unwise to go there.



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