Uninsured driver hit my brother

[crawford]

Basically what happened was a young girl in a camaro hit my brother's audi. She messed up, he was at the wrong place at the wrong time and his car is now totalled. His arm is beat up from the air bag but he's OK. His car was a '99 A4 with some aftermarket stuff, we managed to pull the stereo out before it was towed. He loved that car to death.

We just found out that their insurance went out THE DAY BEFORE the accident, and now my brother is screwed. So my first question is, is there anything that can be done about this? From what we have seen their family isn't rich. Their insurance is Safeway insurance, it seems shady and I guess its a pay-by-month plan and they stopped paying a month ago.

Second, we also found out that our insurance company had my brother's car on just liability, so there is no help to be had from them. I don't know how that happened but that's niether here nor there.

I dont think there is anything that can be done, besides pay for the towing and my brother's new car out of our own pocket. I guess this is more of a rant than anything.


Edit: here is a pic I took today at the junk yard Pic

 

[isekii]

Sue the bitch
if she's young, sue her parents or the owner of the car ?

If she's decent, I guess you can always pimp her out.... or have her work it off somehow

 

[Baked]

Your brother's FVCKED!

 

[NogginBoink]

The only thing you can do is sue the other party.

You'll probably win a judgement against them, but may never collect. If it matters, it'll at least make their life hell.

And was a cop called? Did he write the uninsured motorist a ticket?

 

[95SS]

You can sue, but good luck collecting.

 

[Platypus]

Originally posted by: Baked
Your brother's FVCKED!

 

[everman]

Might as well sue and maybe get something, probably not much.

 

[imported_Tomato]

That really sucks... I'm glad your brother's okay though, hopefully you can work something out.

 

[se7en]

lawsuit is the only option I see besides paying out of his pocket.. .. wether they have money he shouldn't consider really they could have a mil in the bank and he not know it. So if he wants to be cool just sue for the value of the car so he can either A.) pay it off, or B.) if he owns it sue for value to put towards a new car since he had equity.

 

[notfred]

Before suing, you know, you could actually talk to the girl who hit your brother's car and see if she agrees to pay. Much simpler than a lawsuit.

 

[crawford]

A cop was called to the scene and she was written a citation for an illegal left turn, but her insurance card said she was insured until August. Then today my brother finds out after contacting the insurance company that her insurance was taken away for not paying. I thought you had to pay in 6 month blocks, but I guess I was wrong.

And when I say the family isn't rich, what I mean is............they looked like they weren't quite "legal." This is arizona after all.

 

[Spike]

Originally posted by: notfred
Before suing, you know, you could actually talk to the girl who hit your brother's car and see if she agrees to pay. Much simpler than a lawsuit.

lol, much too simple there.

Seriously though, now I am worried. I don't have underinsured motorist on my insurance, so what happens if I am hit?

-spike

 

[mitaiwan82]

arrange "alternate" payment plans?

 

[se7en]

Originally posted by: crawford
A cop was called to the scene and she was written a citation for an illegal left turn, but her insurance card said she was insured until August. Then today my brother finds out after contacting the insurance company that her insurance was taken away for not paying. I thought you had to pay in 6 month blocks, but I guess I was wrong.

And when I say the family isn't rich, what I mean is............they looked like they weren't quite "legal." This is arizona after all.

hmmm.. ..yeah I guess he could talk to her first see what she says about coughing up some money. If they aren't "legal" then a lawsuit is something they want to stay way, way far away from so they would want to pay cash. He could even go so far as setting up a payment arangement /w a contract so she could pay him a set amount every week without having to go to court and stuff.Get it on paper though and might not actually get them to do that but might work out for the girl that way and she may appreciate it I dunno.

 

[SynthDude2001]

Originally posted by: Spike

Originally posted by: notfred
Before suing, you know, you could actually talk to the girl who hit your brother's car and see if she agrees to pay. Much simpler than a lawsuit.

lol, much too simple there.

Seriously though, now I am worried. I don't have underinsured motorist on my insurance, so what happens if I am hit?

-spike

If you're hit and the other guy doesn't have insurance and otherwise can't pay, then you're screwed. I don't have that coverage either, I'm basically taking the risk because I pay enough damn money for insurance as it is, and my car is only worth $4000ish at the most.

 

[imthebadguy]

lawsuit...

 

[tec699]

If you sue and win it will stick with her for a long time. When she starts working I believe you can have money deducted from her paycheck on a weekly basis. If her parents have a home than take it from them.

Make her life hell.

 

[DAGTA]

Originally posted by: crawford
A cop was called to the scene and she was written a citation for an illegal left turn, but her insurance card said she was insured until August. Then today my brother finds out after contacting the insurance company that her insurance was taken away for not paying. I thought you had to pay in 6 month blocks, but I guess I was wrong.

And when I say the family isn't rich, what I mean is............they looked like they weren't quite "legal." This is arizona after all.

This is exactly why insurance rates are so high in Arizona. Too bad our politicians don't see anything wrong with the illegals being here.

 

[StageLeft]

Second, we also found out that our insurance company had my brother's car on just liability, so there is no help to be had from them. I don't know how that happened but that's niether here nor there.

It's not their fault, it's your brother's. I guess that means he has no uninsured motorist. I do, so if I was in his position I'd be covered for $25k or something (which is a good bit, though not much if you have real medical issues).

Obviously for this family you'll have to find out what it costs and sue them for it. In the meantime, since no insurance will cover it, your brother will have to bum rides until/if he gets money from these deadbeats. It will be a costly pain in the ass for him.

I thought you had to pay in 6 month blocks, but I guess I was wrong.

Actaully I get cards in 6 month blocks but have an option of paying 3 or 6. If I wanted to I could cancel my insurance for three months out of every six and it would pass muster with a police officer, if i was pulled over.

And when I say the family isn't rich, what I mean is............they looked like they weren't quite "legal." This is arizona after all.

So they are illegal mexicans? I'm not even sure I'd necessarily waste the lawyers fees trying to sue them, so in the end of all of this she will get a ticket for a left hand turn only and your brother is out of a nice 99 car.

God, how brutal. I know it's too late, but if you're in a state with a lot of illegals then it would behoove you to get uninsured motorist. I know a lot of the illegals here don't have insurance.

Seriously though, now I am worried. I don't have underinsured motorist on my insurance, so what happens if I am hit?

You're fvcked. I'd get that insurance unless you feel lucky.

 

[SouthPaW1227]

I'm so sorry to hear this, but thank God your bro's okay.

Now this is why insurance absolutely BLOWS. I hate insurance companies. Legal scams is what it should be called. Your bro's insurance company should cover in the event the other driver isn't insured REGARDLESS of the plan, IMO. But that'll never happen. I'd say THREATEN to sue if they don't pay up, and if they don't/can't, sue. It seems mean, but I mean w/ the insurance companies blowing wang you ain't got much choice.

 

[QuitBanningMe]

Don't know how it works in AZ but here I would sue, get a judgement/FIFA. Since odds are they don't have anything that could be siezed and bring the right amount at auction I would just hold the FIFA in hopes that they own a house. Since it is recorded in public record it will have to be taken care of during closing.

You still never get the full amount.

 

[DAGTA]

I know it's too late for your brother in this situation but maybe this will help anyone else reading this thread.

Get Uninsured Motorist and Underinsured Motorist coverage on your policy. I live in Phoenix and go with Progressive, part of my 6 month policy:

UNINSURED MOTORIST $13.00
$25,000 EACH PERSON - $50,000 EACH ACCIDENT
UNDERINSURED MOTORIST $5.00
$25,000 EACH PERSON - $50,000 EACH ACCIDENT

$18 every six months and I'm covered. It's worth $3 a month.

 

[crawford]

Thanks for the reply skoorb. Just to be clear I wasnt blaming my brothers insurance company, he should know whether or not he has liabilty or full coverage. It was just another part of the crappy luck.

 

[crawford]

On the accident report it says their address, so I know that they live in an apartment, so they definetely do not own a house.

 

[StageLeft]

Originally posted by: SouthPaW1227
I'm so sorry to hear this, but thank God your bro's okay.

Now this is why insurance absolutely BLOWS. I hate insurance companies. Legal scams is what it should be called. Your bro's insurance company should cover in the event the other driver isn't insured REGARDLESS of the plan, IMO. But that'll never happen. I'd say THREATEN to sue if they don't pay up, and if they don't/can't, sue. It seems mean, but I mean w/ the insurance companies blowing wang you ain't got much choice.

Get real. It's an obvious choice he had to pay for uninsured and he did not. It was a conscious decision on his part. Why should the insurance company cover it if he denied that coverage?