In a wreck...other driver had no insurance. Course of action?
08-19-2011, 12:01 PM
#1
Staging Lane
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In a wreck...other driver had no insurance. Course of action? Here is the rundown:
Last week, my dad was involved in an accident with a person who had no insurance. The lady hit him, was clearly at fault and had no insurance. I haven't read the report yet so I'm not sure if she was cited, but I can't see how she wasn't cited.
My dad suffered a broken scapula, rib and had some other injuries. He is jacked up pretty good. He was in the hospital for 3 days. As far as I know he has uninsured/underinsured motorist insurance, as well as good medical insurance.
His vehicle is most likely a total loss.
Legally, does he have any course of action against the lady who hit him?
What should he do?
Last week, my dad was involved in an accident with a person who had no insurance. The lady hit him, was clearly at fault and had no insurance. I haven't read the report yet so I'm not sure if she was cited, but I can't see how she wasn't cited.
My dad suffered a broken scapula, rib and had some other injuries. He is jacked up pretty good. He was in the hospital for 3 days. As far as I know he has uninsured/underinsured motorist insurance, as well as good medical insurance.
His vehicle is most likely a total loss.
Legally, does he have any course of action against the lady who hit him?
What should he do?
08-19-2011, 12:23 PM
#4
Your insurance company will handle EVERYTHING thru uninsured motorist at the claims level now. Go thank you insurance agent! Alot of ignorant drivers out there think they have this among other coverages because their agent said they are, "COVERED". Need to ask "COVERED" for what exactly before you give them $'s.
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08-19-2011, 01:39 PM
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Your insurance company will do everything to include going after the lady to recoupe money they spend on your dad. More than likely, the other driver will have nothing of value and therefore won't be hassled.
08-19-2011, 01:48 PM
#11
Make sure you dad gets all the medical attention he needs now... One day the insurance company will ask you to sign a paper, basically stating "your ok now, you no longer need rehabilitation"... once you sign that paper, you can never go back and make another claim on that accident.
I.e. 5 years later your back hurts again and you need to go back to rehabilitation... that cost is now yours. Even though it is related to the accident.
I.e. 5 years later your back hurts again and you need to go back to rehabilitation... that cost is now yours. Even though it is related to the accident.
08-19-2011, 03:20 PM
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The uninsured motorist portion of your policy comes into effect along with any Personal Injury Protection benifits he is entitled to.
My advice is to seriously consider hiring a personal injury attorney to assist you with the claim. Even if it's your own insurance company, they will still try to get your father to release them of responsibility to cover his injuries for the lowest possible amount of money. With an attorney, you won't even have to deal with the insurance company which can be a hassle.
As another person said, make sure he gets ALL the treatment he needs. Any gaps in treatment will be used as an arguement against the amount he is able to recover.
On the total loss, make sure you are good with the offer they make. If needed search the market for significantly similar vehicles as a way to push them to increase an offer if needed.
Sorry to hear the other person caused the accident and was uninsured. But hey, at least your dad is covered under his own policy.
<---worked at a PI law firm for 10 years. (none of the above should be construed as legal advice.
)
My advice is to seriously consider hiring a personal injury attorney to assist you with the claim. Even if it's your own insurance company, they will still try to get your father to release them of responsibility to cover his injuries for the lowest possible amount of money. With an attorney, you won't even have to deal with the insurance company which can be a hassle.
As another person said, make sure he gets ALL the treatment he needs. Any gaps in treatment will be used as an arguement against the amount he is able to recover.
On the total loss, make sure you are good with the offer they make. If needed search the market for significantly similar vehicles as a way to push them to increase an offer if needed.
Sorry to hear the other person caused the accident and was uninsured. But hey, at least your dad is covered under his own policy.
<---worked at a PI law firm for 10 years. (none of the above should be construed as legal advice.
) 
08-20-2011, 12:27 AM
#16
There dl if Tx issued will be suspended on his part if he is at fault. once the report is filed , the person at fault well be notified that he or she is at fault if at fault he or she is subject to a suspension of dl and the license will be suspended until the judgement is settled they will receive a notice advising his or her dl is suspended until the judgement i satisfied. and it can last 10 years and the state can prolong the suspension again so that the violators license stays suspended until the judgement is satisfied..
08-26-2011, 06:59 AM
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Oh that’s great! So it all worked. This is why I tell people that they must involve their car insurance companies. Firstly, you pay them every single month and secondly they have the resources, knowledge and training to deal with situations like this in the best way possible.
08-26-2011, 07:30 AM
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There dl if Tx issued will be suspended on his part if he is at fault. once the report is filed , the person at fault well be notified that he or she is at fault if at fault he or she is subject to a suspension of dl and the license will be suspended until the judgement is settled they will receive a notice advising his or her dl is suspended until the judgement i satisfied. and it can last 10 years and the state can prolong the suspension again so that the violators license stays suspended until the judgement is satisfied..
I'm sorry to hear that happened, and hope your dad has a speedy recovery.
08-26-2011, 10:50 AM
#19
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UPDATE
Well, it has been confirmed, the lady who hit my pops had no insurance. She was issued 3 citations at the scene. Luckily, my dad carries uninsured/underinsured motorist coverage on his policies through State Farm.
Looks like my dad has to have surgery sometime next week on his scapula. We'll see where it goes from here.
Thanks for all the input.
Well, it has been confirmed, the lady who hit my pops had no insurance. She was issued 3 citations at the scene. Luckily, my dad carries uninsured/underinsured motorist coverage on his policies through State Farm.
Looks like my dad has to have surgery sometime next week on his scapula. We'll see where it goes from here.
Thanks for all the input.
08-26-2011, 11:09 AM
#20
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Dealing with uninsured motorists sucks, we've had to claim on outs twice in 4 years. The last time the cops didn't even really care that the chick wasn't insured. 
