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

[maplesky7]

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oops... just read it.

 

[quiltnchik]

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It's not only a "rule" in Virginia, it's the LAW! If you don't have insurance, they take your driver's license - simple as that...

 

[Cara]

Yes I believe so Maplesky. It must be the season for bad driving; my best friend was in an accident on Friday when an uninsured drunk driver ran a red light and T-boned her car. She will have to claim on her insurance to replace her car, then pursue the other driver in court. Her insurance rates will go up thanks to someone else's irresponsibility, not to mention the fact that she could have been killed

 

[quiltnchik]

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Not so in Virginia - when the insurance gets canceled, the company sends a letter to DMV (either USPS or electronically), who then sends a letter to you requiring you to PROVE you had insurance with someone during the "lapse," after the original policy was canceled. Not sure why all other states don't do it that way...

 

[quiltnchik]

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No they won't. Insurance companies determine who was at fault and base rates accordingly. Since your friend was not at fault, her insurance rates won't increase.

 

[chickenpiedpiper]

Ok, people, Now I need to redirect every one here to the Original purpose of the post. I have to admit I am a bit miffed at the ongoing and sometimes nasty lecture regarding our guilt in not carrying insurance. He has 4 trucks, all are insured except this one. This one has Agricultural plates and normally never leaves the property, but he needed it for a particular job just up the road. He is a commercial driver, and in over 30 years of driving has NEVER been in an accident that was his fault. ( he was hit once while waiting in an intersection) Our state does not require insurance, only suggests it.

We opted to not carry insurance on the farm truck due to cost, and yes in hind sight that is unfortunate, we dont need any further lecturing regarding it. Thank you very much.

The original reasoning for my post, was that I was seeking information on a friendly settlement between the parties involved without seeking a lawyer, and driving a person down on thier luck out into the street. We are not of the 'Give me, Give me' mind set, and we do not want to take anything that is not right fully owed us.

But the fact remains; She drove right thru a stop sign. (we have video) She totaled a 4000.00 work truck and its equipment (Plow hitch, and winch, and tools in the back that got flung into the road) We spent at least 6 hours in the ER, and lost 6 hours of work each.

We are not seeking Blood from a turnip. I am seeking insight as to whether this has happened to anyone in the past, if they had a good experience, or bad, is an out of court settlement possible? Do you think that maybe a monthly payment arrangement could maybe be negotiated and succesfully upheld?

I am seeking input, not lectures, so please everyone just keep your nasty 'bad karma' comments to yourself, my karma is safe, I am seeking the higher road and 'GUIDANCE' from my peers.

Thank you.

 

[chixie]

if you do an out of court settlement ... I would have a lawyer draw up the papers to cover both partys backside

 

[emmalynn]

I think you could work something out if she is willing. Her being willing is the key. I have had one good experience with this but I don't expect it to be the norm.

Thank goodness no one was killed. I don't know if garnishing her wages would be something you had thought about, but that brings us back to court and legal battles.

Have you talked to her? I would start there and see what she has to say.

 

[chickenpiedpiper]

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Thank you, No we havent had a conversation yet, the accident happened monday, and we have been waiting on the official police report, and to give her a few days to heal, she was knocked around pretty good, and I imagine pretty upset. They were not her children, and one boy is still in the hospital tho stable. We are not looking to punish her, I believe she is probably beating herself up pretty well all on her own. I figure I will contact her after we get the official reports, and once I have a plan of action, but not take too long so she is living in suspenseful fear either.

Its good to know that someone had a deal work well, that helps me to know about!

Thank you!

 

[flopshot]

"He has 4 trucks, all are insured except this one. "

folks, i think what chickenpiedpiper is saying here is that they carried no collision insurance on the truck. this is not only leagal but more often than not makes economical sense. the lack of liability insurance would have triggered a summons. the other driver apparantly carried no liability insurance which in most if not all states is illegal. about the only thing you can do is take it to small claims court unless the value of the truck is above the limit. in that case you'll need a lawyer to seek a higher value.

hope it works out for you cpp.