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Discussion Starter #1
Last Friday I got rear ended by a Mexican guy with no license and no insurance. I live in San Diego, so that's expected, which is why I have Uninsured Motorist coverage with Progressive. My truck isn't worth that much so I don't have comprehensive collision coverage. I figured that they would cover my truck's damages since he was uninsured.

Well, I found out on Saturday that unless they can positively prove that he has no insurance, they are not liable. I could not get his real address, just was able to write down what he told me. The CHP came out and did a report, but that won't be released for another 10 days. Not too hopeful with that either. So basically, even though I have uninsured coverage, they say technically this is a hit and run and they won't pay me for damages to my truck. I do get medical though, but only $1000 max. My back is still pretty sore.

The truck got hit pretty good. His car was totaled. I will need a new bumper, hitch, lights, tailgate, and some dents banged out. If you guys have any of these parts lying around and can get rid of cheap, please let me know. Hopefully the frame isn't damaged. The bumper and hitch were pretty bent. Also the tailgate doesn't close on the right side. But the right fender wasn't hit, so I hope that it's the tailgate that's bent not the whole bed.

This really sucks too, right around Christmas. I'm more pissed at my insurance company than the guy that hit me. They will do everything they can to screw you. So if you have UM coverage, make sure you know what you are getting into.

Do you guys think I should get a lawyer and see if they can help? Not sure about my back either. Went to the ER and the doc said not to worry, but it's still pretty sore after 3 days. I'll probably go get it checked out again this week.

Let me know what you guys think.


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d33pt said:
Well, I found out on Saturday that unless they can positively prove that he has no insurance, they are not liable. I could not get his real address, just was able to write down what he told me. The CHP came out and did a report, but that won't be released for another 10 days. Not too hopeful with that either. So basically, even though I have uninsured coverage, they say technically this is a hit and run and they won't pay me for damages to my truck. I do get medical though, but only $1000 max. My back is still pretty sore.
The reports can take awhile, but you should be able to get the cover page right away. It should have all the info you need to get started, names, addresses, insurance information (or lack of).

Uninsured motorists suck.

Later,
....Mike
 

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I've got a black bumper that I can sell to you if you want. It's got some dings and scratches, but it should do you good. The pics looks worse than they really are. I can clean it clay bar the scratches too if you'd like. The pics are at:

http://photobucket.com/albums/v367/whatchoowant/for sale/

I'm located in the San Gabriel Valley. We can meet in the OC maybe if you want the bumper.
 

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I'm not an expert in this stuff, but with my previous 4 accidents, the cops always checked for proof of insurance from all drivers. If the other driver wasn't insured, the officer should have cited the driver right then and there, since it is against the law to drive w/o basic liability insurance in CA.

One thing you did wrong was not get all the information needed by your insurer. You should get name/address/driver license#/phone of the other drivers. In addition to that, you should have gotten the insurance information. I guess if the driver wanted to hide the fact that he was uninsured, he would limit the info given, but the officers can help you with this.

Anyways, the police report will be your redeeming factor. If I were you, I would go to the CHP office where the report will be filed, give them the report number the officer gave you at the scene, and get your own copy. See what the officer noted about the other driver's insurance. Use that to get your insurer to pay-up if needed. Sue them for whats rightfully yours if needed.

Just my $0.02
 

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Discussion Starter #5
I DID get his address/name/phone, but it was just his word. There is no guarantee that it is real since he has no ID on him at all.
 

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d33pt said:
I DID get his address/name/phone, but it was just his word. There is no guarantee that it is real since he has no ID on him at all.
No ID? No proof of insurance? The CHP didn't write a citation for either? Hopefully all this was noted on the accident report. If not, you got totally screwed on this one. You definately need to see that accident report and you have an issue to take up with the officer if indeed no citations were issued at the scene.
 

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Something simular just happened to my wife last week. She was waiting to park her car at Wal-Mart, and some guy got out of his truck without setting the brake. The truck rolled into my wife's car, and banged the shit out of it. He begged her not to call the police, and wanted her to go and park the car and then meet inside to discuss the accident. She borrowed some other guys cell phone and called me at work. The first thing I did was call the police. They were already on scene when I got there, and the guy was screaming, "why did you call the f&^%$$#ng" cops?'"

Come to find out that:

1. The guy was uninsured
2. The plates on the truck were from another vechicle.
3. The accident occured on priviate property, and thus the guy is not responsible for making repairs. The cop gave him citations for the first two tickets, but no police report will be filed.

My wife's car was in decent shape, we were hoping to trade it in early next year. Now we won't get crap for it. I'm going to get a quiote to fix it, and then decide if I'm going to eat it, or attempt to contact the insurance and claim it under "uninsured drivers" If I can't, then I'm screwed becuase we dropped the comp policy over a year ago........The blue book on a 98 Ford Escort is like 3K.....

But the officer was kind enough to give me all of the other drivers information......


Later
 

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I had the same damn thing happen to me back in 96 while living in Fresno. Some drunk mexican wetback ran a red light and totaled my Mazda p/u. He took legbail but his buddies got held onto by me until the cops got there.

AAA took good care of me though. I always recommend them for insurance.

MikeS.
 

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78fj40 said:
Something simular just happened to my wife last week. She was waiting to park her car at Wal-Mart, and some guy got out of his truck without setting the brake. The truck rolled into my wife's car, and banged the shit out of it. He begged her not to call the police, and wanted her to go and park the car and then meet inside to discuss the accident. She borrowed some other guys cell phone and called me at work. The first thing I did was call the police. They were already on scene when I got there, and the guy was screaming, "why did you call the f&^%$$#ng" cops?'"

Come to find out that:

1. The guy was uninsured
2. The plates on the truck were from another vechicle.
3. The accident occured on priviate property, and thus the guy is not responsible for making repairs. The cop gave him citations for the first two tickets, but no police report will be filed.

My wife's car was in decent shape, we were hoping to trade it in early next year. Now we won't get crap for it. I'm going to get a quiote to fix it, and then decide if I'm going to eat it, or attempt to contact the insurance and claim it under "uninsured drivers" If I can't, then I'm screwed becuase we dropped the comp policy over a year ago........The blue book on a 98 Ford Escort is like 3K.....

But the officer was kind enough to give me all of the other drivers information......


Later

All you had to say was "Wal Mart". That explains it all... I don't take my truck there AT ALL. Especially the one here in Galveston. We have a whole different breed of freakin idiots down here. Anyone who's been here knows what I'm talking about.

My wifes car got a hit n run there a few months back. In this case, the cops DID do a report, but over the phone (lazy bastards). We still ended up paying a 250 fee to the ins co.
 

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sharkaholic said:
All you had to say was "Wal Mart". That explains it all... I don't take my truck there AT ALL. Especially the one here in Galveston. We have a whole different breed of freakin idiots down here. Anyone who's been here knows what I'm talking about.

My wifes car got a hit n run there a few months back. In this case, the cops DID do a report, but over the phone (lazy bastards). We still ended up paying a 250 fee to the ins co.
Yeah, my wife and I hate shopping at Wal-Mart here too. It's like a Zoo. But she had to get something in particular, and didn't want to spend the money at the local food store, and now it's goning to cost me more. On a side note, btought the car in yesterday to the Ford body shop to get an estimate. When I explained that we were going to trade it in next month, he offered to buy the car outright. He's going to have the car checked and hopefully we can get some money out of this......SO if I get the money to fix it, and he gives me cash for it 'as is' we actually may make out on the deal.


fingers crossed....


later
 

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As much as I hate advocating lawyers, this sounds like a good time to get one. You might be able to recover the damages in a civil suit of some sort.
 

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I can't believe some of the insurance companies won't cover your truck in the case of unisured idiots, hit and runs, etc. etc.. What the F do we pay for collision insurance for?
 

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akshunj said:
What the F do we pay for collision insurance for?
To line the pockets of the insurance companies, of course! Why else would I fork out 2K a year for two cars! You're such a freakin' idiot. Sheesh. LOL.
:D
 

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LOL, I'd say you're the fool paying $2k a year for 2 cars. ;0)

For full coverage we insure a Grand Cherokee and the Taco for less than $1300 a year.

Seriously, I cannot believe the insurance company would deny a claim for being hit by an uninsured motorist.
 

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akshunj said:
LOL, I'd say you're the fool paying $2k a year for 2 cars. ;0)

For full coverage we insure a Grand Cherokee and the Taco for less than $1300 a year.

Seriously, I cannot believe the insurance company would deny a claim for being hit by an uninsured motorist.
ya but speeding tickets dont help that # LOL....

My records clean and with being on 1 car my payments are 1100 a year. its a joke!
 

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Insurance rates vary a great deal depending on where the insured lives and works, miles driven per year etc. etc. etc. In reality, it is largely a government mandated and backed racket.
 

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DesertTRD said:
ya but speeding tickets dont help that # LOL....

My records clean and with being on 1 car my payments are 1100 a year. its a joke!
Well I would expect California would be more expensive than Mass. but I do live near Boston and the insurance considers me to be living in a "High Density" area.

I have a spotless record and pay $880 a year for the Taco alone.
 

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I would at least have a consultation with a lawyer.
The other driver probably has nothing, and thats what you'll get from him. In most cases your insurance acts in your behalf, but with this case they are actually the opposing side. Just because you pay them to insure your property doesnt mean they wont try every means they can to get out of giving some of that money back.
Tim
 
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