BAd driver

Robin1953 wrote:

ferndaleflyer wrote:
Seen 2 instances like this---
1: A drunk driving someone elses car hit my Aunts HOUSE and knocked it off the foundation. They said driver had no permission to drive the car (owner was passed out in the back seat) and refused to pay. Ended up her uninsured motorist insurance kicked in and paid for everything.
2: About same deal, Brother in law was hit head on by a drunk driving someone elses Jeep with no tags, insurance, or license....Same as above, uninsured motorist coverage paid for all of it.

\Rant On\
It is one of my pet peeves that I have to carry UNINSURED and UNDER-INSURED coverage on my vehicle. I understand the whole point since I was hit head-on one time by an uninsured driver, he was 18 and the car was in his name, and of course no employment, living with parents, etc, etc. However it still grates me every time my agent explains my policy to me. The law says I have to have insurance to have a driver/vehicle license so why doesn't the law make the uninsured have insurance? I can accept the under-insured easier than the uninsured. At least the under-insured are trying to carry at least the minimum required by law, which in WV is pretty low.
\Rant Off\

The driver was drunk and didn't have a license. Pretty sure that is illegal in most states. Why would it matter to them if they break yet another law? I believe liability insurance is mandatory in most, if not all, states. However, there is no mechanism that could ever be in place that would be able to force people into compliance. Uninsured/Underinsured coverage is a cheap rider to your comprehensive insurance policy and is well worth it.

Robin1953 wrote:

ferndaleflyer wrote:
Seen 2 instances like this---
1: A drunk driving someone elses car hit my Aunts HOUSE and knocked it off the foundation. They said driver had no permission to drive the car (owner was passed out in the back seat) and refused to pay. Ended up her uninsured motorist insurance kicked in and paid for everything.
2: About same deal, Brother in law was hit head on by a drunk driving someone elses Jeep with no tags, insurance, or license....Same as above, uninsured motorist coverage paid for all of it.

\Rant On\
It is one of my pet peeves that I have to carry UNINSURED and UNDER-INSURED coverage on my vehicle. I understand the whole point since I was hit head-on one time by an uninsured driver, he was 18 and the car was in his name, and of course no employment, living with parents, etc, etc. However it still grates me every time my agent explains my policy to me. The law says I have to have insurance to have a driver/vehicle license so why doesn't the law make the uninsured have insurance? I can accept the under-insured easier than the uninsured. At least the under-insured are trying to carry at least the minimum required by law, which in WV is pretty low.
\Rant Off\

You may want to check on what under-insured, and uninsured insurance actually covers in your state. In Florida, carrying that coverage WILL NOT get your vehicle repaired. It will cover your injuries, but NOT your property damage. It is not a required coverage in Florida just as it is not required for you to carry insurance that covers bodily injury to the other driver.
All states are different and you need to check exactly what the various types of insurance coverages really cover.
You are right that it is mandatory in WV but it still only covers your injuries and it WILL NOT repair your vehicle.

Grandpere wrote:
DON'T BE IN A HURRY TO SETTLE!!!!! My wife was rear ended by a drunk 40 years ago and we settled for what the insurance co offered. About a year later problems associated with the accident started to show up and the guilty party's insurance co. refused to pay, saying we signed away all our rights to collect anything more. We consulted a lawyer and she told us the same thing. In short, we ended up paying thousands of dollars out of pocket that the insurance co. should have paid. I know you want your vehicle and 4 wheeler replaced, but there is so much more that has happened to you personally that may not show up right away. DON'T SIGN ANYTHING absolving them of any liability, you have 3 years to settle, take your time. As for you insurance co. being of any help, I talked to our agent and followed his advise on settling. BIG MISTAKE! My advice to you is wait and after a year or 2 then think about settling, and , heaven forbid, get a lawyer involved if necessary. (All caps is for emphasis only, I am not yelling :) )

Excellent Advice. A few years back I was involved in a motorcycle crash with the other party being at fault. Under advice from a close friend that happens to be an attorney, he recommend That I go ahead and settle with insurance about replacement of my motorcycle/tow bill,etc but to wait a little while before settling on personal injury issues.

Probably some of the best advice I have ever taken to heart. approx 6-8 months after the accident I developed wrist and elbow problems that (doctor) said were related to the accident.
Because I waited the at fault drivers insurance had to take care of my medical expenses.

Robin1953 wrote:

ferndaleflyer wrote:
Seen 2 instances like this---
1: A drunk driving someone elses car hit my Aunts HOUSE and knocked it off the foundation. They said driver had no permission to drive the car (owner was passed out in the back seat) and refused to pay. Ended up her uninsured motorist insurance kicked in and paid for everything.
2: About same deal, Brother in law was hit head on by a drunk driving someone elses Jeep with no tags, insurance, or license....Same as above, uninsured motorist coverage paid for all of it.

\Rant On\
It is one of my pet peeves that I have to carry UNINSURED and UNDER-INSURED coverage on my vehicle. I understand the whole point since I was hit head-on one time by an uninsured driver, he was 18 and the car was in his name, and of course no employment, living with parents, etc, etc. However it still grates me every time my agent explains my policy to me. The law says I have to have insurance to have a driver/vehicle license so why doesn't the law make the uninsured have insurance? I can accept the under-insured easier than the uninsured. At least the under-insured are trying to carry at least the minimum required by law, which in WV is pretty low.
\Rant Off\

I understand your point. But given who is out there driving cars, and the damage they can inflict on me and mine. I would never ever go without UIM.

The sad fact is, law or no law, some folks are still going to drive drunk, they are still going to drive without ins. And they are still going to hit you and me.

ferndaleflyer wrote:
Seen 2 instances like this---
1: A drunk driving someone elses car hit my Aunts HOUSE and knocked it off the foundation. They said driver had no permission to drive the car (owner was passed out in the back seat) and refused to pay. Ended up her uninsured motorist insurance kicked in and paid for everything.
2: About same deal, Brother in law was hit head on by a drunk driving someone elses Jeep with no tags, insurance, or license....Same as above, uninsured motorist coverage paid for all of it.

\Rant On\
It is one of my pet peeves that I have to carry UNINSURED and UNDER-INSURED coverage on my vehicle. I understand the whole point since I was hit head-on one time by an uninsured driver, he was 18 and the car was in his name, and of course no employment, living with parents, etc, etc. However it still grates me every time my agent explains my policy to me. The law says I have to have insurance to have a driver/vehicle license so why doesn't the law make the uninsured have insurance? I can accept the under-insured easier than the uninsured. At least the under-insured are trying to carry at least the minimum required by law, which in WV is pretty low.
\Rant Off\

Does you insurance have the police report yet? They won't do much until they have that and liability is established. I know it is clear cut, but they won't move much until they have that.

And sadly, what kind of person loans a car to someone with no license and insurance. I doubt they will be stand up and say yes I did loan the car to Joe.

Chances are pretty strong, They will say Joe stole the car, given the above. And try and get out of it. Hope I am wrong, but it is sure funny how stories will change in a deal like this.

Good luck with it

Seen 2 instances like this---
1: A drunk driving someone elses car hit my Aunts HOUSE and knocked it off the foundation. They said driver had no permission to drive the car (owner was passed out in the back seat) and refused to pay. Ended up her uninsured motorist insurance kicked in and paid for everything.
2: About same deal, Brother in law was hit head on by a drunk driving someone elses Jeep with no tags, insurance, or license....Same as above, uninsured motorist coverage paid for all of it.

I believe that way insurance works it is the vehicle that is insured, not the person.

If you loan your vehicle to someone and they wreck it your insurance covers the vehicle.

I agree, though, do not be in a hurry to settle, insurance companies play that game.

Do not sign anything that limits furthered claims.

Be sure to read the back of any check you receive.

Insurance company love to put on the back of the check, by signing this you waive all furthered claims.

Drunken driver not driving his own car. This is going to get ugly as the other Ins. company is going to claim "not our responsibility". Considering minor personal injuries, I would recommend that you buy a couple of hours with a personal injury attorney.

You do not need to sue anyone, yet, but you may want to listen to the advise of an attorney.

We had an accident that was entirely the fault of the other driver. He stepped up and admitted he was not paying attention and that he ran the red light.
OUR insurance company immediately supplied a rental car and said that they would be in touch with the other driver's insurance company. A week later, the other insurance company contacted us and said that they would be taking care of the rental charges and would be getting back to us about the damage to our vehicle.
One month later, we were notified that they were totaling our Jaguar and that they would be issuing us an agreed upon amount check for it's value.
Many states have uninsured motorist coverage but in this state it ONLY covers your injuries and does not cover repair of your vehicle. Since the other vehicle was insured, they will be responsible for the damage to your vehicle.
Because the other driver did not have a license, and was drunk, you do have excellent legal grounds for a civil lawsuit against the owner of the vehicle. I'm not saying that you should sue but it is something to keep in mind while you are negotiating a settlement. Good luck and the most important things is that you are all OK.