Check out some similar questions!

queennacb · Jan 13, 2008, 06:04 AM

Yesterday I was in a car accident in which the other driver ran through a red light when mine was green and hit me. I called 911 and so forth. The police came we filed our reports and they were sited. But the police officer told me he didn't think they had insurance. My car was undrivable and had to be towed, and is still at the tow place. Well I got a ticket for driving on a suspended D.L. but have papers from the court stating that I am allowed to drive to and from work and to the store. My question is if they don't have insurance and neither do I what should I do? And should I get my car out of the tow yard? And how do I make sure the damages done are taken care of? Even if I don't think they have any money if I was to take them to court to pay for the damages. What can be done?

excon · Jan 13, 2008, 06:08 AM

Hello queen:

It looks like you don't have anyone coming to your rescue, so if you don't take your car out of the tow lot, nobody will and you will still be racking up charges each day.

Certainly you can sue those people in small claims court. But, even if you win, collecting ain't going to be easy.

excon

queennacb · Jan 13, 2008, 06:12 AM

Okay so no matter what I don't have like insurance (but I did provide card saying I did) and a D.L. since I wasn't found at fault I should be all right? And say they do have insurance then will they come to where ever I bring the car to check damages?

queennacb · Jan 13, 2008, 06:14 AM

And what are some ways to collect? ANd I am without a vechile completely and have no way to get to work or leave my house, so their insurance should get me a rental,. that is if they have it right?

excon · Jan 13, 2008, 06:17 AM

Hello queen:

Let's make this simple, OK? Get on the phone and call them up. Ask them if they have insurance. If they do, make a claim on their company. If they don't, you're going to pay and then if you want your money back, you'll have to sue them.

If the cops find out that you don't have insurance, and you presented a phony card to them, they're not going to be to happy about that. However, I think you got away with that one.

excon

JudyKayTee · Jan 13, 2008, 06:51 AM

Originally Posted by queennacb

Okay so no matter what I don't have like insurance (but I did provide card saying I did) and a D.L. since I wasn't found at fault I should be alright? And say they do have insurance then will they come to where ever I bring the car to check damages?

You were not found not at fault - the Police Report may state the other driver was at fault but that Police Officer was not an eye witness and the Report is not binding on any insurance company, although it appears both of you were driving uninsured and no insurance company may ever be involved. The insurance company (or companies) will conduct their own investigation - I see a lot of incorrect Police Reports and strange conclusions as to fault. Unless it's a terribly serious accident and an Accident Investigation Unit is called in the Police investigate crime; they are not accident investigators/evaluators.

If you provided a fake or out of date insurance card you can be charged with providing false info to the Police and driving uninsured. You were on a suspended license but were ticketed? Were you driving to/from work or the store?

If the other driver has insurance and you file a claim for damages, yes, they will investigate the accident and estimate the damage by locating your car and inspecting it.

(I am addressing NYS - what State are you in?)

JudyKayTee · Jan 13, 2008, 07:00 AM

Originally Posted by queennacb

And what are some ways to collect? ANd I am without a vechile completely and have no way to get to work or leave my house, so their insurance should get me a rental,....that is if they have it right?

Your only choice is Small Claims Court (if they are uninsured). If they don't have insurance because they can't afford it they probably have no money with which to pay a Judgment if you win. I'm not saying not to sue; I'm just saying you may never collect. Are there witnesses to the color of the traffic light at the time - keep in mind the Police Officer's report is based on his after-the-fact observations and investigations. He did not witness the accident. The color of the signal would be the defense of the other driver.

Although your providing false insurance info and perhaps driving outside the Court's restrictions is not the proximate cause of the accident I have seen Small Claims Court Judges take a very hard line, deciding both parties are at fault and awarding nothing.

And, no, their company does not provide you with a rental - your company (in an ideal World) pays for your damage and your rental and then pursues their company for reimbursement. If they do have insurance you will not be reimbursed for anything by the other driver's company until the accident is investigated (see my earlier post) - that is why people carry collision/rental insurance. Your own company (in almost all cases) will immediately take care of your rental car issue.

Again - I am addressing NY State.

JudyKayTee · Jan 13, 2008, 07:07 AM

[QUOTE=excon]Hello queen:

Let's make this simple, OK? Get on the phone and call them up. Ask them if they have insurance. If they do, make a claim on their company. If they don't, you're going to pay and then if you want your money back, you'll have to sue them.

If the cops find out that you don't have insurance, and you presented a phony card to them, they're not going to be to happy about that. However, I think you got away with that one.

I have never known anyone to say they don't have insurance when they really do but it does work the other way around - they say they do when they don't. Anyway, call them and ask. If you can't get info the Police Department should be willing to run the plate number and obtain the information; if that doesn't work very often Traffic Court will ask for the info before accepting a plea and/or fine. If they are insured, then you contact their company; if not your option is Small Claims Court.

Keep in mind that they very well may be thinking the accident is your fault and attempting to pursue you for their damage. If they do you have a problem with providing false info to the Police and driving uninsured.

Fr_Chuck · Jan 13, 2008, 08:27 AM

If they did not have insurance the police should have given them a ticket for that.

But you call them up, ask them for their agents name and number, or their insurance company name, you call up the insurance company and make a claim. You then get form the insurance company the procedure for their adjusters.

But every day your car sits in the tow yard, you will be charged a fee, so the longer it sits, the more likely you will not afford to get it out, if they don't have insurance.

If they don't have insurance you will have to sue them in court for the damages, so you need to get estimates and file a law suit if they don't have insurance, or if their insurance does not respond or pay.

stopandthink · Jan 13, 2008, 09:17 AM

Hey bud... you are just going to take it in the shorts here. Get your car out of where it is, try to salvage it. If it is beyond repair, you need to scrap it and get what you can from the salvage yard for $$$. Then move on.

I hate to say it, but you made your own bed on this one. There is a reason it is the law to have insurance and this would be why. It is no ones fault but your own. You don't have insurance either.

I wouldn't proceed in trying to sue anyone or collect anything, because my defense would instantly be that you don't have a license, therefore you should not be on the road, therefore you are at fault no matter what happened... even if the light was purple!

Pay for your mistake, learn from your mistake, and move on with life.

excon · Jan 13, 2008, 09:29 AM

Originally Posted by stopandthink

therefore you should not be on the road, therefore you are at fault no matter what happened

Hello stop:

It's a GREAT defense, but it isn't the law.

If the other driver was at fault in terms of their driving, the other driver will be found liable. That doesn't change just because the innocent driver happens to NOT have insurance, or doesn't have a license.

There IS a price to pay for those violations, but it isn't being forced into fixing the guy's car who hit you, and yours too.

Besides, you seem to be saying the other guy not only gets away scott free, but he gets his car fixed too even though HE'S the guy that caused the accident in the first place. Nahhh. That stuff doesn't happen.

excon

JudyKayTee · Jan 13, 2008, 09:37 AM

I wouldn't proceed in trying to sue anyone or collect anything, because my defense would instantly be that you don't have a license, therefore you should not be on the road, therefore you are at fault no matter what happened... even if the light was purple!

Absolutely not - the failure to have a license (or insurance) is NOT the proximate cause of the accident and, therefore, does not come into play from a liability aspect. Interesting perhaps, a bargaining chip, but no bearing.

Fr_Chuck · Jan 13, 2008, 11:07 AM

Having a license or not having a license or insurance is not a defense against law suits or cuase of liabillty.

A person with no insurance has full rights under the law to sue in court.

queennacb · Jan 13, 2008, 09:46 PM

Well, in response to all, I DO HAVE DRIVING PRIVLEGES! And there were witnesses that seen the whole accident and that is why they were sited and found at fault! And I have already talked to a lawyer, and if I do take them to small claims court, even if I didn't have no driving privleges what so ever, they caused damage to my car, they were found at fault, I have plenty of people who seen it, and you would have to be insane to not try and collect! And I did get my car out of the tow lot today. And I do have insurance through my mother but for some reason it all had gotten mixed up, found out today!

JudyKayTee · Jan 14, 2008, 07:32 AM

Originally Posted by queennacb

Well, in response to all, I DO HAVE DRIVING PRIVLEGES! And there were witnesses that seen the whole accident and that is why they were sited and found at fault! And I have already talked to a lawyer, and if I do take them to small claims court, even if I didn't have no driving privleges what so ever, they caused damage to my car, they were found at fault, I have plenty of people who seen it, and you would have to be insane to not try and collect! And I did get my car out of the tow lot today. And I do have insurance through my mother but for some reason it all had gotten mixed up, found out today!

If you are "talking" to me - I know you have driving privileges - I asked if you were driving in accordance with the restrictions. I didn't say not to try to collect; I tried to tell you both sides.

You have determined that the other driver was driving uninsured?

So go to Small Claims and pursue it, take your witnesses - their names should be on the Police Report. Take the Record of Disposition of the other driver's traffic charges. You didn't mention witnesses in your original post and I simply pointed out that the Police Report is not binding - the Police are not eye witnesses. Sue for all your out-of-pocket expenses, towing, storage, repair - try for a rental car (if you actually rent a car).

I thought you posted you didn't have insurance - now you did through your mother but TODAY you found out you didn't?

Again - driving privileges and failure to have insurance are NOT the cause of the accident and shouldn't enter into the damage claim.

You are somewhat bent out of shape because the other driver didn't have insurance and you are inconvenienced - and neither did you.

sideoutshu · Jan 17, 2008, 02:08 PM

Originally Posted by JudyKayTee

Your only choice is Small Claims Court (if they are uninsured). If they don't have insurance because they can't afford it they probably have no money with which to pay a Judgment if you win. I'm not saying not to sue; I'm just saying you may never collect. Are there witnesses to the color of the traffic light at the time - keep in mind the Police Officer's report is based on his after-the-fact observations and investigations. He did not witness the accident. The color of the signal would be the defense of the other driver.

Although your providing false insurance info and perhaps driving outside the Court's restrictions is not the proximate cause of the accident I have seen Small Claims Court Judges take a very hard line, deciding both parties are at fault and awarding nothing.

And, no, their company does not provide you with a rental - your company (in an ideal World) pays for your damage and your rental and then pursues their company for reimbursement. If they do have insurance you will not be reimbursed for anything by the other driver's company until the accident is investigated (see my earlier post) - that is why people carry collision/rental insurance. Your own company (in almost all cases) will immediately take care of your rental car issue.

Again - I am addressing NY State.

I am an attorney in NYC doing this type of work on a regular basis. If you are in an accident with an uninsured driver, you can still recover two ways:

1. Through NYS MVAIC (Motor vehicle Accident Indemnification Corporation). It is a fund that steps into the shoes of the uninsured driver for purposes of a lawsuit. You file a notice of claim against MVAIC, and then sue them. The only drawback is that they only provide for recovery in the amount of a NYS minimum insurance policy of $25,000/$50,000. I am not sure what the limit is for property damage.

2. Through the auto insurance policy of anyone in your household.

Again, this is only for NY, but I would imagine that other states have similar provisions.

smearcase · Jan 17, 2008, 03:59 PM

Pardon me if I missed it, but did you get a copy of the accident report?
Was the other person charged with running the light? Witnesses?