Car totaled by uninsured driver

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cityfox
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Car totaled by uninsured driver

Post by cityfox » Mon Jul 09, 2018 10:09 pm

My car was hit while parked in the street in front of my house last week. I was home and got insurance information from the driver. The police also showed up, so there's a report. The driver was apologetic and admitted to me that he was picking his cigarette lighter off the floor when he hit my car... I don't believe he was ticketed.

My car was totaled. My insurance company (Progressive) rep also informed me that the driver's insurance company reported he hadn't paid his policy for the past few months -- so was uninsured. They're waiting to obtain the police report for their investigation, but they sounded doubtful about getting anything from the driver. My car was valued at about $18K, of which I'm getting $16K after my $2000 deductible is subtracted.

If the driver is indeed uninsured, it seems like my insurance company should be more motivated to try to recoup some of their expenses (and my deductible). Should I try to talk to someone else at Progressive? Are insurance companies usually proactive about this, and is there much they can do?

Will the police do the work to "discover" that he was uninsured or should I contact them to let them know? I'm out my car and sounds like probably my deductible, but I'm more upset about the guy driving so unsafely though my neighborhood without insurance than anything.

Thanks!

bampf
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Re: Car totaled by uninsured driver

Post by bampf » Mon Jul 09, 2018 10:25 pm

If the guy hasn't paid his bill, chances are he doesn't have a ton of money. Progressive doesn't really care about your $2K, they are out $16K. Chances are they are not going to be able to get a lot out of him. Finally, sure, you could call the cops and tell them. To what end? Will it get your money back? Do you need vengeance? I understand you are upset, but, that is why you have insurance. It insures you against a catastrophic loss. Finally, there is no significant assurance that you will even get the $2K back. I would imagine that Progressive would have more luck with their $16K if just because they have staff to hound him to death. You may, but, it sounds like a lot of work for that $2K. Do you really want to be in the debt collection business for $2K with no ticket to back you up? Small claims court would probably find in your favor but, then you have to go collect. From a guy that couldn't pay his bill.... I'm sorry for your difficulty, but, you need to decide how much pain you want to endure for your $2K. Best of luck....

Spirit Rider
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Re: Car totaled by uninsured driver

Post by Spirit Rider » Mon Jul 09, 2018 10:27 pm

It is highly likely that the insurance company will meet their contractual obligation by reimbursing you the FMV of your vehicle less the deductible.

If you want your deductible the uninsured driver is the liable party and you will have to sue them. However, very often if someone isn't carrying insurance, it is because they have no assets and are essentially judgement proof. This is why the insurance company just pays you the FMV, cuts their losses and moves on. They know it is not cost effective to sue uninsured drivers for reimbursemnt.

Just be glad that your insurance company isn't one of the companies that require you to sue the uninsured driver before they will pay uninsured coverage,

chevca
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Re: Car totaled by uninsured driver

Post by chevca » Mon Jul 09, 2018 11:00 pm

cityfox wrote:
Mon Jul 09, 2018 10:09 pm
Will the police do the work to "discover" that he was uninsured or should I contact them to let them know? I'm out my car and sounds like probably my deductible, but I'm more upset about the guy driving so unsafely though my neighborhood without insurance than anything.
No, the police made the report and they're part is done. They will not do anymore about this.

It's between you and your insurance company now. The other driver was uninsured and didn't pay their bills. What are you expecting from them or their insurance company? That's why we have uninsured motorist coverage, right?

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F150HD
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Re: Car totaled by uninsured driver

Post by F150HD » Mon Jul 09, 2018 11:42 pm

would an insurance company push this to collections in an effort to get any $$ back from the guy? garnish a wage or something? to at least recoup some of the loss.

Seems unfair for the guy to walk away 'scott free' after totaling someones car. That makes no sense.

bampf
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Re: Car totaled by uninsured driver

Post by bampf » Tue Jul 10, 2018 12:22 am

F150HD wrote:
Mon Jul 09, 2018 11:42 pm
would an insurance company push this to collections in an effort to get any $$ back from the guy? garnish a wage or something? to at least recoup some of the loss.

Seems unfair for the guy to walk away 'scott free' after totaling someones car. That makes no sense.
We can't possibly know, but, do you think he is 'Scot Free?' (note it is Scot and not Scott. Derives from not having to pay taxes as a Scotsman). Chances are he doesn't have 2 nickels to rub together. Chances are he damaged or totaled his car. For context, my daughter was recently hit by an uninsured driver. Almost the same situation, hadn't paid her bill, no insurance. Thankfully my daughter's car was a total beast and just saw maybe $500 in damage. Certainly below my deductible. The other driver? Totaled. Damn lucky she wasn't killed or hurt. No car. Cleans houses for a living at 63. Yep, nothing free about that situation. Its terrible all the way around. I'm not advocating throwing money away. I grew up a poor kid, worked hard for every nickel I made and cherish my ability to buy things that were unimaginable 25 years ago. I also remember how it was to be hungry and tired, walk in shoes that had huge holes in the bottom and stress about making the rent payment. There is no freedom in not being able to afford car insurance. Each must do as they see fit, but, I assure you, there is no glorious feeling of "getting off scot free' when you can't afford the basics. Its a grinding existence that I wouldn't wish on anyone.

chevca
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Re: Car totaled by uninsured driver

Post by chevca » Tue Jul 10, 2018 12:23 am

F150HD wrote:
Mon Jul 09, 2018 11:42 pm
Seems unfair for the guy to walk away 'scott free' after totaling someones car. That makes no sense.
What do you think there is to get from someone like that?

Of only the world were free of deadbeats, huh?

hookemhorns
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Re: Car totaled by uninsured driver

Post by hookemhorns » Tue Jul 10, 2018 12:28 am

Most likely the other driver has no money and neither you nor your insurance company should waste any time trying to collect. Hard to garnish the wage of somebody who is already broke or unemployed. Life goes on.

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Pajamas
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Re: Car totaled by uninsured driver

Post by Pajamas » Tue Jul 10, 2018 12:37 am

bampf wrote:
Tue Jul 10, 2018 12:22 am
'Scot Free?' (note it is Scot and not Scott. Derives from not having to pay taxes as a Scotsman).
False etymology. That particular "scot" in "scot-free" is from a Scandinavian word referring to taxes, not the Latin word referring to the people.

https://blog.oxforddictionaries.com/201 ... ee-origin/

bampf
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Re: Car totaled by uninsured driver

Post by bampf » Tue Jul 10, 2018 12:53 am

Pajamas wrote:
Tue Jul 10, 2018 12:37 am
bampf wrote:
Tue Jul 10, 2018 12:22 am
'Scot Free?' (note it is Scot and not Scott. Derives from not having to pay taxes as a Scotsman).
False etymology. That particular "scot" in "scot-free" is from a Scandinavian word referring to taxes, not the Latin word referring to the people.

https://blog.oxforddictionaries.com/201 ... ee-origin/
Well, there you go. I learned something. Serves me right for being a touch pedantic. Hoisted by my own petard. Petard was the younger brother of Jean-Luc Petard and he frequently engaged in shenanigans. These shenanigans invariably got him in to trouble with the moot court which eventually muted him in protest. And so I am moot and mute. :sharebeer

chevca
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Re: Car totaled by uninsured driver

Post by chevca » Tue Jul 10, 2018 1:00 am

"I swear to God, I'll pistol whip the next guy that says Shenanigans" :D

(movie quote, so I don't get in trouble)

abonder
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Re: Car totaled by uninsured driver

Post by abonder » Tue Jul 10, 2018 1:06 am

chevca wrote:
Tue Jul 10, 2018 1:00 am
"I swear to God, I'll pistol whip the next guy that says Shenanigans" :D

(movie quote, so I don't get in trouble)
Great “super troopers” reference!

chevca
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Re: Car totaled by uninsured driver

Post by chevca » Tue Jul 10, 2018 1:09 am

That didn't take long to be recognized. :happy

Momus
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Re: Car totaled by uninsured driver

Post by Momus » Tue Jul 10, 2018 1:28 am

I know the driver probably has no money, but ask him anyway if he can pay 2k for your deductible. It's worth a try. If he feels bad, some people do, and he has the money, he might just fork out 2k. Maybe, he would think about a small claim court, ending with a judgement against him, maybe he will fork out the money. Small chance but why not ask?

mouses
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Re: Car totaled by uninsured driver

Post by mouses » Tue Jul 10, 2018 1:37 am

bampf wrote:
Tue Jul 10, 2018 12:53 am
Pajamas wrote:
Tue Jul 10, 2018 12:37 am
bampf wrote:
Tue Jul 10, 2018 12:22 am
'Scot Free?' (note it is Scot and not Scott. Derives from not having to pay taxes as a Scotsman).
False etymology. That particular "scot" in "scot-free" is from a Scandinavian word referring to taxes, not the Latin word referring to the people.

https://blog.oxforddictionaries.com/201 ... ee-origin/
Well, there you go. I learned something. Serves me right for being a touch pedantic. Hoisted by my own petard. Petard was the younger brother of Jean-Luc Petard and he frequently engaged in shenanigans. These shenanigans invariably got him in to trouble with the moot court which eventually muted him in protest. And so I am moot and mute. :sharebeer
And here all these years I've been avoiding its use because I thought it was an ethnic slur, like paddy wagon.

OP, I think you walk away from the lost $. Either the driver has no money or they're a nasty piece of work.

IowaFarmBoy
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Re: Car totaled by uninsured driver

Post by IowaFarmBoy » Tue Jul 10, 2018 5:23 am

We've had a couple of cars totaled by uninsured drivers who didn't seem to have many resources. In both cases our uninsured/underinsured coverage (State Farm) paid us the value of the car minus our $250 deductible. After a few months, each time we received a check for our deductible. While I don't know the specifics of what they did, they went after the drivers (formal name for the process is subrogation) and I suspect put them on some kind of payment plan. The insurance company is required to give the first payments to us until our deductible is paid (we are in Illinois).

I think they actually have quite a bit of leverage to collect if the other driver wants to keep driving legally. Driving without valid insurance is a big no-no (especially in states with mandatory insurance like Illinois) and I think being on a payment plan mitigates some of that pain. I'm pretty sure every insurance company has a process for doing this- if they didn't they would not be collecting money that is rightfully theirs.

In this situation, it sounds like you (and Progressive) are not likely to collect anything from their insurance since they didn't have a valid policy. But I'm pretty sure Progressive will go after the other driver individually to the best of their ability.

bberris
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Re: Car totaled by uninsured driver

Post by bberris » Tue Jul 10, 2018 6:14 am

F150HD wrote:
Mon Jul 09, 2018 11:42 pm
would an insurance company push this to collections in an effort to get any $$ back from the guy? garnish a wage or something? to at least recoup some of the loss.

Seems unfair for the guy to walk away 'scott free' after totaling someones car. That makes no sense.
Edited:

I see now that insurance companies can try to collect without a judgment. And they may try to collect if their loss is high enough and chance of collecting is good.
Last edited by bberris on Wed Jul 11, 2018 6:09 am, edited 1 time in total.

Grt2bOutdoors
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Re: Car totaled by uninsured driver

Post by Grt2bOutdoors » Tue Jul 10, 2018 6:18 am

Good luck collecting from this freeloader, money for cigarettes, no money for car insurance. :oops:
"One should invest based on their need, ability and willingness to take risk - Larry Swedroe" Asking Portfolio Questions

ResearchMed
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Re: Car totaled by uninsured driver

Post by ResearchMed » Tue Jul 10, 2018 6:23 am

IowaFarmBoy wrote:
Tue Jul 10, 2018 5:23 am
We've had a couple of cars totaled by uninsured drivers who didn't seem to have many resources. In both cases our uninsured/underinsured coverage (State Farm) paid us the value of the car minus our $250 deductible. After a few months, each time we received a check for our deductible. While I don't know the specifics of what they did, they went after the drivers (formal name for the process is subrogation) and I suspect put them on some kind of payment plan. The insurance company is required to give the first payments to us until our deductible is paid (we are in Illinois).

I think they actually have quite a bit of leverage to collect if the other driver wants to keep driving legally. Driving without valid insurance is a big no-no (especially in states with mandatory insurance like Illinois) and I think being on a payment plan mitigates some of that pain. I'm pretty sure every insurance company has a process for doing this- if they didn't they would not be collecting money that is rightfully theirs.

In this situation, it sounds like you (and Progressive) are not likely to collect anything from their insurance since they didn't have a valid policy. But I'm pretty sure Progressive will go after the other driver individually to the best of their ability.
It would be great if it worked this way.

But if OP's insurer isn't obligated to pay that final $2k (the insured typically eats the deductible, and gets better rates with higher deductibles, etc.), then why would the insurer spend resources to "go after" the other driver to recover that deductible, only to hand it over to OP?
I would have thought small claims court or something like that would be necessary if one wanted to bother/thought it worthwhile.

Or are there some terms of the insurance coverage specifying this attempt be made?

I don't think I've ever heard of this.
But then, it's not that often that there is really an uninsured driver situation...

I'm mostly familiar with "deductibles" when either there's no "other party" (e.g., roof leak) or when the other party *does* have insurance, and the other party's insurer doesn't get to withhold the deductible in terms of paying the "victim".

So, out of curiosity - and hoping we never need to find out first hand - DOES one's own insurer go after the uninsured responsible party to get you your own deductible?

RM
This signature is a placebo. You are in the control group.

ponyboy
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Re: Car totaled by uninsured driver

Post by ponyboy » Tue Jul 10, 2018 6:25 am

I never even heard of a $2k deductible. Why have it so high?

I remember doing a comparison between $500 vs $250 deduct...it was peanuts, so I went with the $250 deduct.

ResearchMed
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Re: Car totaled by uninsured driver

Post by ResearchMed » Tue Jul 10, 2018 6:42 am

ponyboy wrote:
Tue Jul 10, 2018 6:25 am
I never even heard of a $2k deductible. Why have it so high?

I remember doing a comparison between $500 vs $250 deduct...it was peanuts, so I went with the $250 deduct.
There is a separate issue of whether one would actually file for a relatively small claim, and risk higher rates.
So if one wouldn't file for a relatively small claim, why *not* have a higher deductible?

We've got high deductibles on both cars and home, for this reason.

RM
This signature is a placebo. You are in the control group.

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Cycle
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Re: Car totaled by uninsured driver

Post by Cycle » Tue Jul 10, 2018 6:44 am

I was hit by an uninsured, unlicensed driver on a temporary work permit from Ecuador. I was hit on the highway, when he lost control of his car on a curve. I don't carry collision insurance. The police advised me to work directly with the guy to try and get money. He was issued a citation for no license / insurance.

I threatened to take him to court. I managed to get $2600 in cash. Total bill was $3000. Car was worth $3400. I would just move on if I were you.

I continued my life as a cager for just another six months, before switching to quieter and less stressful form of transportation.

Daryl
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Re: Car totaled by uninsured driver

Post by Daryl » Tue Jul 10, 2018 6:48 am

Out of curiosity, what state do any of you live in where this loss would be covered under underinsured/uninsured motorist? Typically these would cover bodily injury only (and have $0 deductible). The property damage, is probably a collision claim which is why we've seen so many mentions of deductibles!

scifilover
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Re: Car totaled by uninsured driver

Post by scifilover » Tue Jul 10, 2018 8:11 am

Assuming you replace your vehicle, as a loss prevention measure is it possible to park the car in your driveway or garage? Once in a while, in my neighborhood, there has been a wave of car prowls....cars in garages of course aren't affected. Cars in driveways are more difficult for inattentive or drunk drivers to hit than cars parked on the street.

Rupert
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Re: Car totaled by uninsured driver

Post by Rupert » Tue Jul 10, 2018 9:11 am

Daryl wrote:
Tue Jul 10, 2018 6:48 am
Out of curiosity, what state do any of you live in where this loss would be covered under underinsured/uninsured motorist? Typically these would cover bodily injury only (and have $0 deductible). The property damage, is probably a collision claim which is why we've seen so many mentions of deductibles!
In many states, UM coverage includes UMPD (uninsured motorist property damage) coverage. Here's a list of states where UMPD coverage is mandatory or must at least be offered: https://www.nerdwallet.com/blog/insuran ... insurance/

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F150HD
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Re: Car totaled by uninsured driver

Post by F150HD » Tue Jul 10, 2018 9:20 am

bampf wrote:
Tue Jul 10, 2018 12:22 am
F150HD wrote:
Mon Jul 09, 2018 11:42 pm
would an insurance company push this to collections in an effort to get any $$ back from the guy? garnish a wage or something? to at least recoup some of the loss.

Seems unfair for the guy to walk away 'scott free' after totaling someones car. That makes no sense.
We can't possibly know, but, do you think he is 'Scot Free?' (note it is Scot and not Scott. Derives from not having to pay taxes as a Scotsman). Chances are he doesn't have 2 nickels to rub together. Chances are he damaged or totaled his car. For context, my daughter was recently hit by an uninsured driver. Almost the same situation, hadn't paid her bill, no insurance. Thankfully my daughter's car was a total beast and just saw maybe $500 in damage. Certainly below my deductible. The other driver? Totaled. Damn lucky she wasn't killed or hurt. No car. Cleans houses for a living at 63. Yep, nothing free about that situation. Its terrible all the way around. I'm not advocating throwing money away. I grew up a poor kid, worked hard for every nickel I made and cherish my ability to buy things that were unimaginable 25 years ago. I also remember how it was to be hungry and tired, walk in shoes that had huge holes in the bottom and stress about making the rent payment. There is no freedom in not being able to afford car insurance. Each must do as they see fit, but, I assure you, there is no glorious feeling of "getting off scot free' when you can't afford the basics. Its a grinding existence that I wouldn't wish on anyone.
I never said it was 'glorious', those are your words, not mine.

As for Scot, Scott, Scotch tape, Mr Scott- wondering what Kirk would have typed.

stoptothink
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Re: Car totaled by uninsured driver

Post by stoptothink » Tue Jul 10, 2018 9:36 am

F150HD wrote:
Mon Jul 09, 2018 11:42 pm
would an insurance company push this to collections in an effort to get any $$ back from the guy? garnish a wage or something? to at least recoup some of the loss.

Seems unfair for the guy to walk away 'scott free' after totaling someones car. That makes no sense.
4yrs ago, right after we had gotten married, my wife was home on pregnancy leave while I was at work. We had sold her car to her brother, so I had taken it off our insurance literally the day before, but he had yet to actually come get the car. We needed something from the store, she didn't want to wait for me to get home, so she drove it down the street to the grocery store. Apparently she didn't know I had already taken it off the insurance. On the way home, a driver in front of her stopped on a yellow light smack in the middle of an intersection. My wife couldn't stop in time and tapped the corner of her bumper at ~15mph, the driver behind her (who was also expecting to go through the light) was narrowly able to swerve out of the way. Regardless of the circumstances, my wife was deemed culpable because she was following too closely. Because the car wasn't insured, it was impounded and my wife's license was suspended, and we had to have SR22 on our insurance for 3yrs. AND despite having literally zero visible damage but a small dent in the corner of her bumper (there was zero damage to our car), the other driver's insurance company went after us to the tune of $9500. I am almost 100% sure there was fraud involved, but I wasn't about to hire a lawyer to fight her insurance company, I just wanted it done so I wrote a check.

I don't know the laws, but based upon our anecdote, I would sure hope that the driver in this case would face severe consequences. That experience was an absolute nightmare for us.
Last edited by stoptothink on Tue Jul 10, 2018 9:51 am, edited 1 time in total.

TravelGeek
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Re: Car totaled by uninsured driver

Post by TravelGeek » Tue Jul 10, 2018 9:38 am

cityfox wrote:
Mon Jul 09, 2018 10:09 pm
Will the police do the work to "discover" that he was uninsured or should I contact them to let them know? I'm out my car and sounds like probably my deductible, but I'm more upset about the guy driving so unsafely though my neighborhood without insurance than anything.
I would probably notify the police to increase the chances of keeping the other driver off the roads (I believe suspension of license for a year is one of the consequences in my state).

sco
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Re: Car totaled by uninsured driver

Post by sco » Tue Jul 10, 2018 6:42 pm

TravelGeek wrote:
Tue Jul 10, 2018 9:38 am
cityfox wrote:
Mon Jul 09, 2018 10:09 pm
Will the police do the work to "discover" that he was uninsured or should I contact them to let them know? I'm out my car and sounds like probably my deductible, but I'm more upset about the guy driving so unsafely though my neighborhood without insurance than anything.
I would probably notify the police to increase the chances of keeping the other driver off the roads (I believe suspension of license for a year is one of the consequences in my state).
I would put money on there being just as many unlicensed as uninsured drivers around here..

tibbitts
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Re: Car totaled by uninsured driver

Post by tibbitts » Tue Jul 10, 2018 6:56 pm

ponyboy wrote:
Tue Jul 10, 2018 6:25 am
I never even heard of a $2k deductible. Why have it so high?

I remember doing a comparison between $500 vs $250 deduct...it was peanuts, so I went with the $250 deduct.
High? I thought Bogleheads never carry collision insurance because they only insure what they can't afford to lose? So probably not an $18k car.

TravelGeek
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Re: Car totaled by uninsured driver

Post by TravelGeek » Tue Jul 10, 2018 7:12 pm

sco wrote:
Tue Jul 10, 2018 6:42 pm
I would put money on there being just as many unlicensed as uninsured drivers around here..
There is probably a significant overlap. Apparently about 13% of all motorists are not insured.

https://www.iii.org/fact-statistic/fact ... -motorists

sco
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Re: Car totaled by uninsured driver

Post by sco » Tue Jul 10, 2018 9:51 pm

TravelGeek wrote:
Tue Jul 10, 2018 7:12 pm
sco wrote:
Tue Jul 10, 2018 6:42 pm
I would put money on there being just as many unlicensed as uninsured drivers around here..
There is probably a significant overlap. Apparently about 13% of all motorists are not insured.

https://www.iii.org/fact-statistic/fact ... -motorists
For sure...
As Ned Flanders thought, Insurance is kind of a form of gambling.







Ned Flanders: Well, sir, everyone's alive. Guess that's something to be thankful for.
Homer: Now, that kind of attitude's not gonna get your house back.
Marge Simpson: I'm sure your insurance will cover the house.
Maude Flanders: Uh, well, no. Neddy doesn't believe in insurance. He considers it a form of gambling.

TravelGeek
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Re: Car totaled by uninsured driver

Post by TravelGeek » Wed Jul 11, 2018 12:43 am

sco wrote:
Tue Jul 10, 2018 9:51 pm
TravelGeek wrote:
Tue Jul 10, 2018 7:12 pm
sco wrote:
Tue Jul 10, 2018 6:42 pm
I would put money on there being just as many unlicensed as uninsured drivers around here..
There is probably a significant overlap. Apparently about 13% of all motorists are not insured.

https://www.iii.org/fact-statistic/fact ... -motorists
For sure...
As Ned Flanders thought, Insurance is kind of a form of gambling.
Well, IMHO, the gamble should then be: if you get caught without license or insurance, you lose the car you are driving. No accident required. Perhaps the vehicles could be sold and the funds be used for a victims-of-uninsured drivers fund.

IowaFarmBoy
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Re: Car totaled by uninsured driver

Post by IowaFarmBoy » Wed Jul 11, 2018 5:22 am

ResearchMed wrote:
Tue Jul 10, 2018 6:23 am
IowaFarmBoy wrote:
Tue Jul 10, 2018 5:23 am
We've had a couple of cars totaled by uninsured drivers who didn't seem to have many resources. In both cases our uninsured/underinsured coverage (State Farm) paid us the value of the car minus our $250 deductible. After a few months, each time we received a check for our deductible. While I don't know the specifics of what they did, they went after the drivers (formal name for the process is subrogation) and I suspect put them on some kind of payment plan. The insurance company is required to give the first payments to us until our deductible is paid (we are in Illinois).

I think they actually have quite a bit of leverage to collect if the other driver wants to keep driving legally. Driving without valid insurance is a big no-no (especially in states with mandatory insurance like Illinois) and I think being on a payment plan mitigates some of that pain. I'm pretty sure every insurance company has a process for doing this- if they didn't they would not be collecting money that is rightfully theirs.

In this situation, it sounds like you (and Progressive) are not likely to collect anything from their insurance since they didn't have a valid policy. But I'm pretty sure Progressive will go after the other driver individually to the best of their ability.
It would be great if it worked this way.

But if OP's insurer isn't obligated to pay that final $2k (the insured typically eats the deductible, and gets better rates with higher deductibles, etc.), then why would the insurer spend resources to "go after" the other driver to recover that deductible, only to hand it over to OP?
I would have thought small claims court or something like that would be necessary if one wanted to bother/thought it worthwhile.

Or are there some terms of the insurance coverage specifying this attempt be made?

I don't think I've ever heard of this.
But then, it's not that often that there is really an uninsured driver situation...

I'm mostly familiar with "deductibles" when either there's no "other party" (e.g., roof leak) or when the other party *does* have insurance, and the other party's insurer doesn't get to withhold the deductible in terms of paying the "victim".

So, out of curiosity - and hoping we never need to find out first hand - DOES one's own insurer go after the uninsured responsible party to get you your own deductible?

RM
My insurance company did. Twice and I think this is pretty common. Google "subrogation against uninsured motorists and there is quite a bit of information both from sources in the insurance industry and from lawyers offering to defend people against subrogation. I'm pretty sure they didn't stop with just getting my deductible- they went after the uninsured driver to recover the full amount paid but they are required to give us the first payments until our deductible is repaid. This will vary by which state you live in- apparently a few states do not allow subrogation against uninsured drivers. As several have mentioned, this isn't an easy process because uninsured motorists rarely have many assets but they do have the leverage of license suspension.

Here is a pretty good link describing the process of uninsured motorist claims.
http://wiseinsurancegroup.com/how-do-ca ... st-claims/

Cheers!

DarkHelmetII
Posts: 114
Joined: Mon Jul 24, 2017 12:25 pm

Re: Car totaled by uninsured driver

Post by DarkHelmetII » Wed Jul 11, 2018 5:45 am

Additional angle (pending your time available and willingness to pursue etc...): Push 'uninsured' driver's insurance company (or the driver himself / herself) for specifics on the policy being cancelled due to non-payment. Stuff like this varies a lot by state. For example state department of insurance might require insurance carriers to allow a driver to retroactively reinstate a policy cancelled due to non-payment for x weeks or y months after policy has been cancelled due to non-payment. If this is the case, 'uninsured' driver's insurance company certainly will not go out of their way to tell you this.

DoTheMath
Posts: 230
Joined: Sat Jul 04, 2015 1:11 pm
Location: The Plains

Re: Car totaled by uninsured driver

Post by DoTheMath » Wed Jul 11, 2018 6:29 am

As another data point, when I was in an accident with an uninsured motorist, my insurance company covered the loss of my car. They planned to go after the other driver for what they had paid me. They said they would add the deductible I had paid to the claim so that I could get that money back as well, but I asked them not to not include it. It was clear the person had very little money and trying to squeeze them for (to me, but definitely not to them) a small amount seemed cruel.

Alarmingly, I found out at the time that 20+% of the cars on the road in my state are uninsured!
“I am losing precious days. I am degenerating into a machine for making money. I am learning nothing in this trivial world of men. I must break away and get out into the mountains...” -- John Muir

c.coyle
Posts: 83
Joined: Thu Aug 03, 2017 5:10 pm
Location: Eastern Pa.

Re: Car totaled by uninsured driver

Post by c.coyle » Wed Jul 11, 2018 6:53 am

"Deductible" is just self insurance. If you can't afford to eat the deductible amount you have chosen, choose a lower deductible.

Not having collision coverage is also self insurance. If you can't afford to eat the fair market value of your vehicle, buy collision coverage.

If you're damaged by an uninsured motorist, chances are very high that he is judgment proof. If you're lucky, you may be able to get a judgment and garnish his wages, but the time and expense might outweigh the benefits.

Buy cheap or insure heavily.
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Rupert
Posts: 3565
Joined: Fri Aug 17, 2012 12:01 pm

Re: Car totaled by uninsured driver

Post by Rupert » Wed Jul 11, 2018 7:06 am

At the sort of jobs where uninsured people work, one often gets fired as soon as it is learned that wages are being garnished. Federal law protects an employee from being fired for a first garnishment, but not for a second garnishment, and employers typically find other, legal reasons (pretext) to fire even for the first garnishment because garnishment is an administrative hassle for them. Just fyi. Point being: Your odds of collecting anything from an uninsured driver are practically zero and rarely worth the effort.

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