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-   -   Pedestrian who doesn't drive hit by uninsured motorist Who pays? (https://www.askmehelpdesk.com/showthread.php?t=180246)

  • Feb 4, 2008, 09:47 AM
    wallabee4
    Pedestrian who doesn't drive hit by uninsured motorist Who pays?
    My aunt was hit by a car while walking. Driver most definitely at fault and he has no car insurance. She doesn't drive, so she has no car insurance. I started wondering if either his or her own homeowner's insurance would pay her bills/damages? Anybody know before I try to advise her? Also, this matter has dragged out for over a year as the lawyers involved seem to care very little and the driver might thnk she'll die soon and he'll be off the hook. She is very elderly, lives alone, but is very capable. She has recovered from accident but has mounting medical bills and now credit card bills that were used to buy food and pay other bills while she paid on medical bills and lawyer bills. She has small fixed income and I've been helping all the $ ways I can. But I'd like to write a demand letter for her and wondered where I could send it to?
  • Feb 4, 2008, 09:59 AM
    George_1950
    Was the driver of the car that struck your aunt also the owner? Does the driver own her home? If so, there may or may not be insurance coverage. But her home may stand good for the debt, as will her estate. For that reason, if you wish to protect your aunt, she should file a claim against the driver, provided it was the driver's negligence that caused the damages.
  • Feb 4, 2008, 11:37 AM
    wallabee4
    I'm not sure I understood you exactly. The driver was a man. Yes, he owned the car (or maybe made payments on it) Don't know yet if he owns a home or rents. Don't know if he has homeowner's or renters insurance. I will ask my aunt. But where are you suggesting the coverage come from? My aunt's home or the driver's home? Is there a time limit on claim?
  • Feb 4, 2008, 11:45 AM
    ScottGem
    Forget insurance. That's not a real issue at this point. Its unlikely his homeowner's or renters will cover since the accident didn't occur on those premises.

    What you need to do is sue the guy and get a judgement against him and seize his assets. However, I think you will find he has none which is probably why the lawyers are dragging their feet since they see no income from pursuing this case.
  • Feb 4, 2008, 12:09 PM
    George_1950
    I don't believe her homeowner's insurance has any liablility; his may, as Scott says, if the accident was on his premises or if he has umbrella coverage. Is your aunt covered by Medicare of Medicaid? Is it a crime to drive a car without liability insurance (it is where I live)? If so, he may be ordered by traffic court to provide indemnity to your aunt. You need to know whether he was charged with a traffic offense and what he pled in court. There is a time limit on personal injury claims. What state?
  • Feb 5, 2008, 07:23 AM
    JudyKayTee
    Quote:

    Originally Posted by George_1950
    I don't believe her homeowner's insurance has any liablility; his may, as Scott says, if the accident was on his premises or if he has umbrella coverage. Is your aunt covered by Medicare of Medicaid? Is it a crime to drive a car without liability insurance (it is where I live)? If so, he may be ordered by traffic court to provide indemnity to your aunt. You need to know whether he was charged with a traffic offense and what he pled in court. There is a time limit on personal injury claims. What state?


    Absolutely nothing covers auto-related accidents other than auto insurance AND an umbrella policy if it IS ADDITION to auto insurance. If you run somebody over on your own property the accident is NOT covered by homeowners.

    Likewise, if your dog bites somebody in your car it is NOT covered by your auto insurance.

    What State are you in? Many States have uninsured motor vehicle coverage which is administered (and paid for) by the State - I run into this situation all the time but I'm in NYS.

    Interesting but if you are in NYS and hit by a stolen car, taken without the consent of the owner (tongue in cheek, thus called "stolen") insurance companies deny coverage and the injured pedestrian ends up with a MVAIC claim (uninsured motorist). Just about no one understands this and I end up explaining it all the time; people assume because the car had insurance they are covered for their injuries but that is not the case - at least not in NYS.

    (Sorry if I sounded like I'm lecturing; I just do this all day, every day.)
  • Jun 1, 2008, 02:25 PM
    wallabee4
    Aunt is in Rhode Island
  • Jun 1, 2008, 02:28 PM
    Fr_Chuck
    No, the home owners will not pay anything, If the owner of the car and/or the driver did not have auto insurance, So you sue the driver. And garnish their pay and get 50 dollars a week forever. But if they have no insurance there just is no money to win, and why lawyers don't care about the case.
  • Jun 1, 2008, 04:35 PM
    smearcase
    I am not a lawyer. Maybe she can get a legal aid lawyer to represent her instead of the ones that don't seem to be interested.
    She certainly has a case if the facts are as you believe.
    Many states have uninsured motorist requirements as JudyKay stated. Every insured driver in the state pays a part of their premium toward funding it.
    But the judgment of the court will apply whether he has insurance coverage and regardless of uninsured motorists coverage. Courts and juries are not supposed to take insur/no insurance into consideration when deciding amount of damages, according to my insurance agent.
    If there is uninsured coverage you will have to contact the admin. Of the fund which is usually the state motor vehicles dept.
    If no unin. Mot. Fund, you could itemize the damages (send all the letters in a way you can prove delivery-return receipt method) advising them of a date by which you require payment and advising that failure to respond shall result in a lawsuit requesting all damages and contingencies. If no satisfactory response file the lawsuit with an attorney or small claims court. I hope you can get a decent "maybe even pro bono" lawyer and file a full fledged lawsuit because I think the damages might be significant.
    I realize there is doubt about his ability to pay, but you don't really know what assets he has. I think there is a time limit by which legal action must be started. It was three years where I worked, but not necessarily where you are. The only other choice is to forget about it and eat the expenses and maybe that is the best way to go once you have weighed the options. I hope justice prevails somehow.
  • Jun 1, 2008, 04:39 PM
    smearcase
    Add to post above:

    Last paragraph--If no uni. Mot. Fund... the itemization of damages goes to the driver and/or owner...

    Sorry about that.
  • Jun 2, 2008, 06:39 PM
    JudyKayTee
    Quote:

    Originally Posted by smearcase
    I am not a lawyer. Maybe she can get a legal aid lawyer to represent her instead of the ones that dont seem to be interested.
    She certainly has a case if the facts are as you believe.
    Many states have uninsured motorist requirements as JudyKay stated. Every insured driver in the state pays a part of their premium toward funding it.
    But the judgment of the court will apply whether or not he has insurance coverage and regardless of uninsured motorists coverage. Courts and juries are not supposed to take insur/no insurance into consideration when deciding amount of damages, according to my insurance agent.
    If there is uninsured coverage you will have to contact the admin. of the fund which is usually the state motor vehicles dept.
    If no unin. mot. fund, you could itemize the damages (send all the letters in a way you can prove delivery-return receipt method) advising them of a date by which you require payment and advising that failure to respond shall result in a lawsuit requesting all damages and contingencies. If no satisfactory response file the lawsuit with an attorney or small claims court. I hope you can get a decent "maybe even pro bono" lawyer and file a full fledged lawsuit because I think the damages might be significant.
    I realize there is doubt about his ability to pay, but you dont really know what assets he has. I think there is a time limit by which legal action must be started. It was three years where I worked, but not necessarily where you are. The only other choice is to forget about it and eat the expenses and maybe that is the best way to go once you have weighed the options. I hope justice prevails somehow.


    This must vary from State to State - personal injury matters (liability cases) in NYS (at least and in any other State I have worked) are contingent. The Plaintiff (your aunt, the person who was injured) pays all upfront costs - filing fees, investigative fees, costs of making copies) but nothing to the Attorney. The Attorney takes the case on contingency which means the Attorney gets a percentage of any settlement (whether settled out of Court or before, during of after trial). If the client gets nothing the Attorney gets nothing. Attorneys (obviously) pick liability cases and it is very rare (unless we are talking very deep pockets) for an Attorney to take on a shaky negligence case, at least in my area.

    I am not aware of any Attorney who will represent an injured party on any other terms and I am not aware of an Attorney who will handle such a case pro bono.

    As far as writing a demand letter - anything you, particularly what you put in writing, can be and probably will be used against you. Unless you are 100% you are NOT going to be represented by an Attorney and are 100% careful with every word you say... you are only going to hurt yourself and your aunt.

    And, yes, there are time constraints - the Statute is 3 years in Rhode Island but that may not be the Statute within you must claim under Uninsured Motorists so I would get (at best) some minimal legal advice.

    (Not arguing with smearcase; it varies from State to State.)

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