[farvaknowsbest]

Hello,

A few weeks ago my wife was in a car accident. She T-boned a driver that had run a red light. The police investigation did conclude that the other driver was at fault. The thing is she was driving without valid insurance (illegal in Oklahoma) and a suspended license and the police let her drive away! My question is, is there a possible way to press charges for her driving with suspended license and invalid insurance (she also provided falsified insurance documents to the police)? I'm not sure why the police did not check this information, and just let her drive away, and it makes me very upset as now I'm forced to purchase a new vehicle for my wife at my expense. We are filing a lawsuit against the other driver, but I doubt we'll see much from that as she's a white trash piece of crap who already has gotten in trouble with the law for other things. Is there any company out there that would give me a loan based on the fact that I'm not 99% sure we will win this lawsuit against the other driver? I really don't have a lot of money, and I'm swimming in debt because of this. Thanks in advance for the help! FYI This happened in Tulsa county in Oklahoma.

Thank you,

Farva

[AK lawyer]

Did the other driver have insurance? If so, you should make a claim with that insurance carrier.

What was the reason your wife's license had been suspended? If it had something to do with her driving ability, the insurance company may try to make something out of it, but I don't know that it would absolve their insured of negligence.

OH, wait a minute. You mean the other driver falsified her insurance coverage, etc. I though you were describing your wife. :)

[farvaknowsbest]

AK Lawyer. Yes my wife has a valid license and insurance.. The driver she hit did not. And for some reason the cops only wrote her a ticket for running a red light, but didn't arrest her for the suspended license, and didn't even validate her insurance.

[AK lawyer]

I am not sure how you would know that she didn't have insurance or a license. How do you know? But, in any event, not every traffic violation merits an arrest.

[ScottGem]

OK, so the other driver presented false documents to the police. They may not have checked. They aren't required to. Even with a suspended license, it might not be a subject for arrest.

Bottomline, however, is your insurance should cover your car, less a deductible. And, if you had uninsured drivers coverage, that might pick up the deductible. Haven't you reported the accident to your carrier?

[farvaknowsbest]

We looked up her court records which is how we found out she had a suspended license. We also tried calling her insurance provider who came back and said that their insurance had lapsed back in August due to non payment. And unfortunately we only have liability insurance on my wife's vehicle (a mistake I won't make again) so my insurance company can't do anything for us. I understand that not every violation doesn't warrant an arrest, but she didn't even get a citation for driving with a suspended license. I don't know it just seems crazy to me that the other driver pretty much got away scott free (her car has a pretty good sized dent in it, but it's drivable) and on the other hand I had to pay out of my pocket to buy a new car as my wife's car was totaled and undrivable. I may as well as just drop my insurance as there seems to be no penalty for it.

[ScottGem]

You are in this fix because you were under insured. The answer is not drop insurance but to properly insure yourself.

So you file suit against the other driver. If she has a job you can garnish her salary.

As for her not getting a ticket, talk to the officer or their supervisor about why she wasn't ticketed.

[farvaknowsbest]

Were in this fix because some dumb lady ran a red light. If she was properly insured like the law requires then we'd already have a check for the damages and be on our way. We have already filed a suit against the other driver, but I was just seeing if there was a way to get the money more quick then having to garnish her wages which will take forever. It just makes me so furious that people can get away with so much crap, when I follow the law, and have to pay for other people's mistakes. Thanks for everyone's responses.

[talaniman]

Calm down guy, because dropping your insurance will open you up to the same financially liabilities the woman is in for. The wheels turn slowly, but you will get compensated at the end of the process.

[ScottGem]

Don't get me wrong. I truly sympathize with your plight and understand your ire. But the fact remains that insurance is to protect you, not only from your own mistakes, but from the mistakes of others. And you are in this fix, at least partially, because you gambled on being underinsured. You can't count on everyone playing by the rules, that's unrealistic.

And, assuming you get a judgment against her (which seem likely), she won't be getting off scot free.

[farvaknowsbest]

I understand.. I'm not mad with anyone here, I know you guys are just trying to help. I'm just frustrated with this whole situation. I bought my wife a Toyota Prius which was a huge upgrade from the 2000 Honda Accord that she wrecked, so she's happy at least. We'll just sue the crap out of this lady and hope it works out in the end.

[ScottGem]

Good luck. Let us know what happens.