I f*cking hate uninsured drivers!

[RALFFERS 0]

Shari, I feel your pain - trust me! It'll be 4 years (I think) this August that I was hit by an uninsured driver...on top of that she was drunk--but wait, it gets better...

I was stopped at a red light, when it turned green, naturally I started going - not 2 feet into the intersection all I hear is the roar of some kind of BIG engine and a beeping horn. My mind is suddenly thinking: "WHAT THE..." I didn't even get a chance to see what was coming at me - it all happened lightning quick. Turns out it was a drunk, driving 1 of those old 1990-ish Ford Conversion vans. From surveying the damage on my car (wish i could find the pictures) she must have hit me at 50 mph+ - although she hit the drivers side front fender, the whole front of my car was gone, i mean completely torn off. Had she hit any farther back I would be either dead or paralyzed (in which case I rather be dead.)

If all this wasn't enough, she hit 2 other cars, before landing on a street pole herself; it's really a wonder that no one was injured and/or killed.

Here's the kicker though, when I finally got down to where she finally came to a stop witnesses told me that she fell out of her car, passed out, shortly thereafter got up, took a swig of her beer & ran off... And I'm thinking to myself: "WTF, none of you could of stopped her?!?!"

Luckily, I had a KICK ASS, take names lawyer that went after my insurance company (I only had liability mind you) to get me everything he could - the case just ended back in August, and I was able to use the money to pay for my tunnel time back in November. I'm really surprised I got anything out of it though; she wasn't insured, it wasn't her car AND the owner could not be contacted or located for that matter.

However, out of a $3,000 check I only got $800... My lawyer took next to nothing, the doctor slashed the $3,000 medical bills in half...but the fucking city took the rest of the money for TAXES & some other bullshit ...

Edited for grammatical errors.

Dialogue/commentary between Divot, Twardo & myself -

"from your first Oshkosh when the three of us were riding to or from one of

[sharimcm 0]

The body shop is done with the car.

"I had a dude tip his black cowboy hat to me after I provided him with a condom outside my hotel room at 3-something in the morning." -myself

[SivaGanesha 2]

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Either way, I fucking hate uninsured drivers, and if I had it my way, the guy would be arrested AND he should pay me.

I have mixed feelings about this.

When it comes to criminal offenses, like driving drunk or without the minimum coverage required by law, I think the responsible party should go to jail.

But it only makes sense for people to purchase insurance to the extent that they have assets to protect and to the extent that the law requires. Wealthier drivers with more expensive cars may need to purchase underinsured motorist coverage if they want to protect the money they've spent on their car. And I don't really have a big problem with that.

"It's hard to have fun at 4-way unless your whole team gets down to the ground safely to do it again!"--Northern California Skydiving League re USPA Safety Day, March 8, 2014

[derrickiv 0]

Seems rather obvious that an uninsured driver doesn't have the minimum coverage the law requires..

Above poster; you got a $3000 check but only received $800. You received 26% of what you were given.. that seems highly unlikely or something is way wrong.. There's no way a city can tax you 73%..

[RALFFERS 0]

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Seems rather obvious that an uninsured driver doesn't have the minimum coverage the law requires..

Above poster; you got a $3000 check but only received $800. You received 26% of what you were given.. that seems highly unlikely or something is way wrong.. There's no way a city can tax you 73%..

The check was originally for $3000, the doctor bill was for that amount as well, but the doc was nice enough to cut it in half.....so, out of a check for $1,500 I got $800...the city got the rest.

In terms of uninsured drivers......25% of drivers at any given time have no coverage. I work in the insurance industry, but regardless that percentage is disturbing anyway you slice it. Of course, I can only speak for Illinois as far as the figures & statistics, but nonetheless...

Dialogue/commentary between Divot, Twardo & myself -

"from your first Oshkosh when the three of us were riding to or from one of

[SivaGanesha 2]

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Seems rather obvious that an uninsured driver doesn't have the minimum coverage the law requires..

True.

So they should go back to jail.

But at that point, no matter how angry you get and how unfair it is, they aren't going to be in a position to pay any claim themselves. That's just common sense. It is highly unlikely that some who is (a) just out of jail (b) uninsured (c) on their way back to jail is going to be able to pay a claim, no matter how much they might be at fault.

I like to look at things from a pragmatic perspective. The original poster wanted the uninsured driver (a) to go back to jail and (b) to pay. Looking at it pragmatically, common sense would dictate that it is unlikely that both (a) and (b) will happen, even if that would be the "fair" outcome.

"It's hard to have fun at 4-way unless your whole team gets down to the ground safely to do it again!"--Northern California Skydiving League re USPA Safety Day, March 8, 2014

[Jib 0]

Be happy you weren't seriously hurt. Here, in Florida, you only have to have property damage insurance and PIP -- a first party medical and lost wage system. Pony up for all of the uninsured motorist coverage that you can to protect yourself if you get hurt by an unlicensed, uninsured illegal alien driving an unregistered and untiltled car with a stolen license plate that crash into people on the way home from the DZ. (That's the guy that rearended me but fortunately I wasn't hurt.)

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the depth of his depravity sickens me.
-- Jerry Falwell, People v. Larry Flynt

[sharimcm 0]

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I like to look at things from a pragmatic perspective. The original poster wanted the uninsured driver (a) to go back to jail and (b) to pay. Looking at it pragmatically, common sense would dictate that it is unlikely that both (a) and (b) will happen, even if that would be the "fair" outcome.

That's why I said if I had it my way, he would go back to jail (which he did) and pay me (which he did not have the chance). Is it fair? No. What is unfair about it is I had to scrape up my deductible to pay for damages on a car I was selling because an uninsured driver (which by law you must carry insurance) hit me. If he had insurance, HIS insurance would have paid for it because *I* was not at fault. HE was. Instead of losing $4K off of the buying price, it had to be fixed and quickly. Again, it's not fair, but that's life. If I want to hate the fucker because he was breaking the law, damaged the car, and raising insurance rates as I speak, that's my choice, and I'm entitled to it. That's life too.

USAA will pursue the guy for the money that was paid out on the claim by me and them. If they can collect, I will receive my deductible back. If they cannot, they will send it to a collection agency and I am entitled to a portion of the collected amount (if any). They understand the guy is in jail, but they also understand the guy owns a business, and according to them, they can take what's owed to them. Is that fair? Absolutely.

"I had a dude tip his black cowboy hat to me after I provided him with a condom outside my hotel room at 3-something in the morning." -myself

[SivaGanesha 2]

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USAA will pursue the guy for the money that was paid out on the claim by me and them. If they can collect, I will receive my deductible back. If they cannot, they will send it to a collection agency and I am entitled to a portion of the collected amount (if any). They understand the guy is in jail, but they also understand the guy owns a business, and according to them, they can take what's owed to them. Is that fair? Absolutely.

It is surprising to me that someone who owns a business and has valuable assets to protect--that could potentially be seized--would be behaving in the way he is. Usually the kind of behavior you describe is how people with nothing to lose act.

Is this a viable business with revenue, employees, etc--or is this just something he incorporated years ago that now exists on paper only?

Good luck getting your deductible back and the insurance company don't know either).

"It's hard to have fun at 4-way unless your whole team gets down to the ground safely to do it again!"--Northern California Skydiving League re USPA Safety Day, March 8, 2014

[sharimcm 0]

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Is this a viable business with revenue, employees, etc--or is this just something he incorporated years ago that now exists on paper only?

He owns a construction/masonry business with quite a bit of equipment. The reason I know this is the guy who hit me gave me a pen with his contact information on it. I drove by the business to make sure it existed, and that's where the heavy equipment was located. As for employees and revenue, I have no idea... His company is listed with yellow pages, but he does not have a website linked with it. Had the cop not arrested him later that night on a DWI charge the guy might have stepped up to the plate to pay me, but I'll never know.

I highly doubt I'll get the deductible back if he's in jail for the rest of his original sentence. Of course I don't know that information either. Mr. Hottie Cop told me that would probably be the case though since he violated parole.

"I had a dude tip his black cowboy hat to me after I provided him with a condom outside my hotel room at 3-something in the morning." -myself

[SivaGanesha 2]

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He owns a construction/masonry business with quite a bit of equipment. The reason I know this is the guy who hit me gave me a pen with his contact information on it. I drove by the business to make sure it existed, and that's where the heavy equipment was located. As for employees and revenue, I have no idea... His company is listed with yellow pages, but he does not have a website linked with it. Had the cop not arrested him later that night on a DWI charge the guy might have stepped up to the plate to pay me, but I'll never know.

I highly doubt I'll get the deductible back if he's in jail for the rest of his original sentence. Of course I don't know that information either. Mr. Hottie Cop told me that would probably be the case though since he violated parole.

If he owns a substantial business I think there is a real chance he will eventually come to his senses and get his act together. Is it possible/viable for you to get a small claims judgment against him (with you acting personally without waiting for the insurance co) for the deductible, any increase in your rates, and the cost of filing the claim? If you can get a judgment you may eventually be able to find a way to get him to pay.

I wouldn't wait for the insurance company to act. $250 is probably a lot more money to you than $4000 is to them, and unless they see a clear path to recouping the claim, they (and the collection agency) will probably just write it off. He may have all his assets tied up in the business which might be difficult to seize. I don't see them pursuing this aggressively unless he clearly has assets in his own name--rather than that of the business. But you could pursue it yourself.

Still there has to be some piece of the puzzle missing. If I understand the story correctly, this guy is now looking at the original sentence for violating parole, plus the first arrest warrant (which must have happened during the brief period after his release but before the accident), plus driving without insurance (twice), plus drunk driving. He's gotten in a lot of trouble in a very short period of time. For a guy who is sufficiently competent to build a business with significant assets, this is surprisingly stupid behavior.

"It's hard to have fun at 4-way unless your whole team gets down to the ground safely to do it again!"--Northern California Skydiving League re USPA Safety Day, March 8, 2014

[sharimcm 0]

I should actually have something in the mail from the court system today in the mail to file a suit against him. I would sue for the deductible, insurance increase, lost wages (I had to take time off when I didn't have a car and for court), and court costs.

What the cop told me (which obviously I'm not expert) was when someone is in prison, there could be other charges/warrants brought up against the individual before their release or shortly after. If it's not caught or it's overlooked, the person is set free until an actual arresting officer serves the warrant (which could be never). So, the guy is out on parole, has a warrant that was issued against him (for what I don't know), then smacks in to me and gets 'talked to' by the cop (which the officer was going to ticket him the next day or arrest him if he didn't pay), then gets pulled over by the same cop for DWI and gets arrested. According to the 'rules' you can not drink while on parole, much less drink and drive, and drive without insurance.

Some people aren't that smart... Either that or they think they won't get caught.

"I had a dude tip his black cowboy hat to me after I provided him with a condom outside my hotel room at 3-something in the morning." -myself