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Old 09-27-2013, 11:07 AM   #16
viverrid
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Quote:
Originally Posted by bogey78 View Post
+1. There are good and bad lawyers just like every other occupation. Money hungry lawyers are some of the worst. It may have been worth a couple of hundred bucks to send a couple of letters and determine assets. Any more than that is probably a waste....
I was a Defense lawyer not a "PI" lawyer. IMHO high volume PI shops make money by not spending too much time on each case. See what can be shaken out of the tree easily, then move on. The million dollar cases where it is worthwhile to fight it out are rare. The rest, if there is no money in the case, why would anyone expect them to spend time on it? They don't work for free.

But if you wanted to pay them hourly, they'd pursue it to the ends of the earth.
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Old 09-27-2013, 11:37 AM   #17
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I am an adjuster for an aviation carrier. The reality of it is the plaintiff attorney will take a little case if there is coverage and you have damages. They write a couple letters, then a demand and settles for the policy limit and takes 33 percent. Despite what you see on TV they aren't your advocate or really much care, this is day in day out. Occasionally there is a big product liability case etc. where the defendant has deep pockets or good coverage. They will work harder on that. The defense lawyer hired by the carrier can go either way I have many that i hire, and know when to throw in the towel and resolve, and some that will tell me what a great defensible case we have until there is a trial date, then they backpedal. Guess who gets the work?
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Old 09-27-2013, 12:32 PM   #18
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Zman,

Do you trust your insurance agent to give you a straight answer about your future premiums if you file? First ask if you'll get a rate bump just by asking about a claim.

What is the estimate of the cost of repairs on your bike?

Consider just asking her for the money to cover the costs.

What is the small claims court limit in your state?

At 18, you'd sue her, not her parents. You might be able to sue the car owner. Or both, let them sort it out, whoever has assets pays you if you win the suit (and if you actually collect after the verdict in your favor).

What does it cost to get a car repossessed for non-payment of judgement? What is her car worth, wholesale value, with a dent in the side? How would you handle the title on her car?

Sit in on some small claims court sessions and see how they go.
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Old 09-27-2013, 01:37 PM   #19
rocker59
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Originally Posted by ozmoses View Post
If those temp tags are legit, wouldn't there have to have been at least minimum liability coverage in effect?
Odds are that the temp tags are out of date and her insurance lapsed.

"Pay by the month" insurance policies lapse if the payments are not made.
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Old 09-27-2013, 01:38 PM   #20
AdamFL
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Sorry but your "agent" is the worst one to ask for advice. They sold the policy and already have the commission. However, the underwriter has to know you were not at fault and seek your coverage only since the tortfeasor has no coverage.

It takes a lot of work and money to collect a judgement against some one who has no coverage. Go back to the part where lawyers don't like cases without good liability limits. This isn't difficult logic.
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Old 09-28-2013, 06:52 AM   #21
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I might be wrong here but , I believe that uninsured motorists only covers bodily injury and your comp and collision will cover the vehicle.
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Old 09-28-2013, 07:10 AM   #22
Wlfman
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Quote:
Originally Posted by DougInKY View Post
We have mandatory liability laws here in Kentucky too. You have to show proof of insurance when you do your annual registration here too. Still, according to the Kentucky State Police over half of our motorists are driving without any insurance. Seems as if they are getting insurance when registration time comes up then cancelling after they get their tags. If stopped by the police, they show the expired insurance card and say they forgot to put the new one in the car. The state is trying to get a statewide database set up to show insurance status for all drivers but aren't getting the cooperation they need out of the insurance companies.

Doug in Kentucky
In SC when registering your vehicle, you must provide the name of your insurance company and policy number. If you are issued a driver's license for the first time in South Carolina, you will be required to provide vehicle insurance information.

If your liability insurance is cancelled or expired, you must return your vehicle's license plate and registration to DMV or reinstate your coverage. Otherwise, your driver license and vehicle plate will be suspended and you will be subject to a reinstatement fee of $200 and $5 penalty for each day the vehicle was uninsured or plate(s) was not turned in. The maximum penalty for the first offense is $400 per vehicle.

And the Insurance companies are required to notify DMV of all cancellations.
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Old 09-28-2013, 03:20 PM   #23
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Be sure and have un insured coverage, especially in freaking California. Just hope the police show up
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Old 09-29-2013, 12:19 PM   #24
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Quote:
Originally Posted by Wlfman View Post
In SC when registering your vehicle, you must provide the name of your insurance company and policy number. If you are issued a driver's license for the first time in South Carolina, you will be required to provide vehicle insurance information.

If your liability insurance is cancelled or expired, you must return your vehicle's license plate and registration to DMV or reinstate your coverage. Otherwise, your driver license and vehicle plate will be suspended and you will be subject to a reinstatement fee of $200 and $5 penalty for each day the vehicle was uninsured or plate(s) was not turned in. The maximum penalty for the first offense is $400 per vehicle.

And the Insurance companies are required to notify DMV of all cancellations.
It amazes me how many vehicles are on the road here in New Messico with no sign of a plate, temp tag or anything. Plus, there is no mechanism I am aware of for rescinding plates when insurance is cancelled. They don't catch them until the next go round of registration, which might be 2 years.
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Old 10-12-2013, 02:37 PM   #25
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Update: Much to my wife and youngest daughter's chagrin, may I introduce my new ride.



A 2002 Road Star Silverado. Compared to my ACE it is four years newer, has 2,000 less miles, and twice the cc's. All for under $400 more than the check from Progressive. I hope by the middle of next summer my wife will want to ride again.
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Old 10-14-2013, 03:21 PM   #26
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Back in 1994/5 when I lived in Oklahoma City, I was rear-ended while sitting at a stop light (in my car) by a young guy who's insurance had lapped just 24 hours prior. I was working for an attorney at the time and he had me fill out a DPS form reporting his not having insurance. They took away his license and wouldn't re-instate it until he made restitution with me. So a year later when he was attempting to get a job and did not have a valid license my phone rang :)

Maybe there is something like this in your state?
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Old 10-14-2013, 03:33 PM   #27
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Cant register a vehicle in CA without ins........but,plenty of people get their 2 or 3 DUI's or what ever and keep driving one way or the other.
No lic needed at that point.

Borrowed cars,borrowed reg stickers on their plates,just cant ever get pulled over.
Its considered a right to drive in many folk's mind and they drive till something really for sure stops them.

It REALLY sucks the responsibility is put upon each of us who drive with ins to pay for those who dont.
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Old 10-14-2013, 03:42 PM   #28
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Quote:
Originally Posted by t6pilot View Post
Be sure and have un insured coverage, especially in freaking California. Just hope the police show up
Yeah,a drugged out kid hit my truck in the backend not once but twice in the same intersection.
He was panicking,offering me cash on site,wanted to get gone.
We were there an hour as the temps dropped to 30 and no cop would show.
Right on the side of a major hiway.

The luck was with me as his mom was an ins agent and had him insured no matter what he did. He was pretty obviously on a meth buzz but hey,that's how things go these days.
2800 in damage to my truck,my tailgate was down as I was hauling a large streetbike. The tailgate harpooned his car grill full depth of the tailgate,all the fluids ran out that could and his car was totaled.
It was a POS older american sedan so didnt take much to total it.

I was flat amazed to hear from an ins agent monday morning.
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Old 10-17-2013, 09:05 AM   #29
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Cool

You did the right thing it looks like. Progressive will chase her down for the funds and your rates shouldn't change as long as you stay accident free (which is the thing we try to do anyway).

Congrats on the new to you ride!
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