uninsured motorist totals our vehicle... (OP comments on page 4)

[chickenpiedpiper]

She ran a stop sign right into My Significant Others right of way, He couldnt miss her. Her car is totaled, and all 4 occupants are sent to hospital (3 kids, not hers, all now stable, two released same night) Our truck is totaled. We have police statements, and even video of her blowing the stop sign. (near by gas station has cameras!

)

She is uninsured, and looks like she is not going to be very financially capable to 'do the right thing'. Everyone is telling me, get a lawyer. I am wondering if anyone has had a similiar experience, and has it ever been worked out without a lawyer, or does it always turn nasty? Do we have to sue, or is there a more amicable solution?

What do I do now?

 

[insiderart]

Your insurance should cover your truck (unless you have liability only). If you have liability only you will have to take her to court to recoup the loss of your truck.

 

[debilorrah]

what she said. Uninsured motorist is usally part of a basic policy, unless it is liability only.

 

[chickenpiedpiper]

He had no insurance on that truck. We are on our own!

 

[MysticScorpio82]

So it was 2 uninsured vehicles in an accident. She was the cause of the accident. I guess it comes down to this: Either you get a lawyer and make her pay for his truck or your SO sucks up the costs of his truck. Can he afford to buy a new truck or fix it? Can he get by with out a truck? If not then your only choice is the legal route.

 

[Sallyschickens]

Quote:
OMG...that changes things.

 

[Davaroo]

Quote:
Did you have uninsured motorist coverage? If so, your insurance will cover your loss.

If not, you're in the hard spot. I now see thats the case. So shame on you for not having your own vehicle insured.

Now, it's two folks duking it out in court, with no legitimate claim on either side. Yeah she violated a traffic law, so you can maybe prove she was at fault, and sue for damages. And IF she has anything in the way of wealth, then you can snatch it from her hands as said damages and thumb your nose.

But, chances are good that if she had no insurance - then she is also worth little to nothing. Where do you gain by paying for a lawsuit to sue for your share of nothing?

Then, if you do win, she is likely ruined by someone who is as guilty as her (for not having insurance). In another place and time it might have been you in her place.
Pretty hollow victory, IMHO.

It sounds like the best lesson here is that people who live in glass houses should not throw stones.

Buy another truck, and get some insurance for it. Suck it up as your loss on that score.
Thankfully, no one was seriously hurt.
Great blessings are shared by everyone, there. Saints be Praised!

THis may sound odd, but the best thing here is that no one really stands to gain. This puts you in a great position to create some genuine good.
So do a "pay it forward" kind of thing:

Invite her over for a barbeque and help her to understand how insurance works, why we have it and how to select a decent policy. Everyone learns all around. It's a win-win!!



In the end, the karma you build may be your own.

 

[EweSheep]

I agree with Daveroo, pretty hollow victory!

 

[Chicky Tocks]

I really hate to be the barer of bad news, but I just want to add too that you're in for a loss if you attempt to sue someone like this.

If you file a lawsuit against this woman, the only money that she will come up with is to pay an attorney to file bankruptcy for her. I know this because I'm a paralegal, I've seen it a dozen or more times, and my boss wouldn't touch a case like this. Not many attorneys would.

UNLESS you can find that she does have money. You can start by checking her public records such as tax assessments.

With that said, I'm truly sorry that this happened to your family.

I'm so happy to hear that nobody was seriosly hurt and that all of those kids she had in the car are going to be ok.

 

[OlliOlliOlli]

HOW THE HECK ARE PEOPLE DRIVING AROUND WITHOUT INSURANCE?!??! I thought this was a basic rule of being a responsible driver!!!