Not at Fault, Other Insurance Still Not Complient

[NCAgent]

If the uninsured motorist coverage has to be used you will probably have a smaller deductible like 250 or 100. Check on that with your policy.

 

[djs]

There is a lot of things that can result in a 'coverage issue' other than a coverage lapse. Could have been an excluded driver or a permissive use driver, that perhaps lives in the household, etc.

An insurance company (other parties) won't talk to you a lot until they have completed their investigation. One part of this is determining fault, the other part is determining coverage. You are hung up on the coverage part.

If the driver isn't covered under the policy, then they won't pay. Doesn't matter anything else. Your insurance will cover what they are responsible for. If you have a deductible waiver, then if the other party has no insurance, it should apply. If you elected to not have this coverage, then you don't have it.

Rental is the same thing. If you have coverage on your policy, you get a rental car. If not, then once the other carrier completes its work, if coverage applies, then yes, you'll get a rental car. Problem is, you might have the car completed by then. They will reimburse you for your out of pocket expenses in obtaining a rental car though.

Dan

 

[Guest]

Regardless of coverage or not sue the driver if you want to take action. Best case, he has coverage and the insurance company pays. Worse case you have to go to court and it takes longer to get your money. Either way put pressure on the person who is at fault if you want results.

 

[Josh]

Regardless of coverage or not sue the driver if you want to take action. Best case, he has coverage and the insurance company pays. Worse case you have to go to court and it takes longer to get your money. Either way put pressure on the person who is at fault if you want results.

I think you're missing an option:

Worst case, they go court and the OP loses. Next worse case (and the most likely result), the guy wins in court but can never collect.

This is why I have high UI/UM coverage.

 

[djs]

Regardless of coverage or not sue the driver if you want to take action. Best case, he has coverage and the insurance company pays. Worse case you have to go to court and it takes longer to get your money. Either way put pressure on the person who is at fault if you want results.

Why? It costs money, takes time, you are further in the hole than when you started. You get a judgement, they declare bankruptcy and you never get paid. Now, you are twice as mad and out more money than you started.

If they have insurance, it will be covered. If they don't, odds are, they don't have any assets worth going after. The judgement, without assets, is useless.

Your insurance company will go after the person, if its possible. If they can't extract the blood from the turnip, you won't be able to do it either.

Dan

 

[Guest]

I think you're missing an option:

Worst case, they go court and the OP loses. Next worse case (and the most likely result), the guy wins in court but can never collect.

This is why I have high UI/UM coverage.

Josh I think we finally agree this is why you should get um.

Oh and by the way djs you can't bring a lawyer to small claims court its like $250 for a subpoena + time. If they file bankruptcy well at least you can get some personal satisfaction. Sometimes beating a dead horse just makes you feel better.

 

[djs]

Lets see, if I paid my $500 deductible and now have to pay an additional $250 for various court fees and spend several hours on this, to get what??????

Maybe I just see this different. I pay pennies for the deductible waiver and I'm made whole and don't have the hassles of dealing with this situation.

Dan

 

[iiinycboi]

whats wrong with going through your own insurance first and pay for rental then have them subrogate the other insurance?

if he doesnt have insurance, you have to pay out of your pocket anyways, so regardless you pay now and maybe get reimburse later?

 

[Josh]

Josh I think we finally agree this is why you should get um.

Oh and by the way djs you can't bring a lawyer to small claims court its like $250 for a subpoena + time. If they file bankruptcy well at least you can get some personal satisfaction. Sometimes beating a dead horse just makes you feel better.

Sounds like a waste of time and money.

 

[Guest]

I guess.... so you are just assuming the guy will never have $750 to pay for his deductible and court fees? It only takes 1 days worth of time. Man if I'm ever unlucky enough to hit a parked car with no insurance I hope its yours.
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Lets see, if I paid my $500 deductible and now have to pay an additional $250 for various court fees and spend several hours on this, to get what??????

Maybe I just see this different. I pay pennies for the deductible waiver and I'm made whole and don't have the hassles of dealing with this situation.

Dan

And what if the OP didnt get UM with a cdw? Should he just bend over and take it?