Yep. And if he falsified the paperwork regarding the crash to the insurance company, he would be liable to be charged.
Uninsured vehicle accident
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Yep. And if he falsified the paperwork regarding the crash to the insurance company, he would be liable to be charged.
I'm almost in the same boat as you. Someone hit my daughters car on LSUA campus and she got a campus police report. Called their insurance company and the driver(child) was not on the owners policy(parents) so they will not pay for damages. Now I'm out $500 and will wait to see if my insurance can collect the money back. Forwarded their insurance company letter to the campus police and they said they will keep an eye out for the car, not sure if they will ticket or not.
My wife got hit by a guy on Oct 31st at 10:45PM a few years before Hurricane Katrina. He gives his insurance card to the cop, the card has an expiration date of April 30th of the following year. We call his insurance company to set up a repair and are told the guy bought the policy the day of the accident and coverage started at midnight on Nov 1st. So we file with our insurance company and pay the $250 deductible and move on. Then 1 year after Katrina we get a check for $250.00 from our insurance company for our deductible. Seems they finally got paid from the suit they filed. So talk to your insurance agent and see if they are going after the guy, if they do you might get your deductible through their action.
You might want to look into your community's small claims court system. If they are deadbeats you'll never collect, but sometimes a judgement does get collected.
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Hattrick 22
Well-Known Member
Hold off on the attorney if you have collision coverage. They will pursue for your money and theirs, and it won't cost you anything (other than being out of pocket for a while if you're lucky). In some cases they are unable to collect and they will notify you (he has nothing worth pursuing and just won't respond to your insurance carrier). Then you can take him to small claims court.
Uninsured motorist coverage only comes into play if you don't have collision. UM is primarily a medical coverage, to which you can add a rider to cover your vehicle (its dirt cheap usually so add it if you drop your collision). It acts similar to collision in some rare cases (they don't have insurance or don't have enough, and they are at fault).
Um... horse gone and barn burned down already, but... call the cops, call the cops, call the cops. I can tell you horror stories about people who didn't- suddenly more injured people than were in the accident for example...
( IANAL, but I am an insurance agent and deal with this crap much too often... if you don't like my advice I'll give you double your money back
)
Uninsured motorist coverage only comes into play if you don't have collision. UM is primarily a medical coverage, to which you can add a rider to cover your vehicle (its dirt cheap usually so add it if you drop your collision). It acts similar to collision in some rare cases (they don't have insurance or don't have enough, and they are at fault).
Um... horse gone and barn burned down already, but... call the cops, call the cops, call the cops. I can tell you horror stories about people who didn't- suddenly more injured people than were in the accident for example...
( IANAL, but I am an insurance agent and deal with this crap much too often... if you don't like my advice I'll give you double your money back
)
I rear ended a lady not too long ago and that is exactly what she said when she got out of the car. I just smiled and said, "No... No we do not." Well she called her husband and he told her to call the police. Damn husbands! I can't blame the fella though. I would have told my wife to call as well.
Hattrick 22
Well-Known Member
I was lucky enough to hear of people getting burned when I started driving.
I have had one instance where the guy backed into me at a gas station and didn't want me to call the police I promptly blocked his truck in saying I was just moving to clear the pumps up and I left my car there until the cops came.
I always tell people to call no matter what even if it's on private property. Also voice record if possible I'm not sure if it would be admissible but proof of them admitting it and the conversation with the officer etc sure can't hurt. All phones can usually have a voice recorder on them nowadays.
I have had one instance where the guy backed into me at a gas station and didn't want me to call the police I promptly blocked his truck in saying I was just moving to clear the pumps up and I left my car there until the cops came.
I always tell people to call no matter what even if it's on private property. Also voice record if possible I'm not sure if it would be admissible but proof of them admitting it and the conversation with the officer etc sure can't hurt. All phones can usually have a voice recorder on them nowadays.
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I figured they could issue a ticket for uninsured motorist?
LACamper talked about UM insurance I had it but never knew that it was for medical and not property damage.
Most people don't understand it, that's why I threw that in.
Officers are often unwilling to write a full police report or ticket on private property. Try to get at least a incident report filed though. That will at least verify who was present and who was driving (many times driver and passenger will try to swap places before the police show up).
Officers are often unwilling to write a full police report or ticket on private property. Try to get at least a incident report filed though. That will at least verify who was present and who was driving (many times driver and passenger will try to swap places before the police show up).
velociraptor
Well-Known Member
It is a bit late now and the OP is not clear but the way I read it the OP gave the vehicle to the shop to fix. In doing so there was a bailment created. Now the shop may say they are not responsible for loss theft or damage but that is not always the case. In this instance the damage was done while the vehicle was in the possession of the repair facility. They have a duty to exercise normal and reasonable care of the vehicle up to the point where the vehicle put back in control of the owner. Typically putting the keys in the person's hand signifies control of the vehicle.
So what the OP (and others in the future) should have done instead of accepting the problem is to pull the business into the matter since they typically have some liability. Call the police and get the business owner's insurance information also.
So what the OP (and others in the future) should have done instead of accepting the problem is to pull the business into the matter since they typically have some liability. Call the police and get the business owner's insurance information also.
Absolutely correct. The car was still in the "care, custody and control" of the business.
Every car shop has to have insurance called a dealers lot policy. It provides coverage for any car on their property that is in their control. So yes, your insurance will most likely go after them for the reimbursement of your deductible (and their company will likely go after the other guy). Honestly it is almost always better to start with the other guy's insurance before you file on yours. Even if the your insurance company gets all their money back from the other guy, you will still get penalized when your policy comes up for renewal.
Also police have no authority to issue traffic tickets on private property. That's why they can only make an incident report in parking lots and such.
