No insurance experience?!?

Discussion in 'Face Plant' started by Zman1, Sep 25, 2013.

  1. Zman1

    Zman1 Been here awhile

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    I got hit Saturday by an eighteen year old girl that decided to turn left from the right hand lane. I am fine. The bike, not so much!

    [​IMG]

    Well today I came to realize she has no insurance. Does anyone have any experience with this type of dealings? Where do I go from here? I have Progressive Insurance and am covered after a $250 deductible but I really don't want to file a claim if it is going to hurt me in the long run. Yes, she got multiple tickets. Not sure what for but I am waiting in the officers complete report.
    #1
  2. sieg

    sieg Wearing out tires......2 at a time, day after day.

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    You pay insurance for this use it! Call them ask them what to do! It's a "non chargeable claim" (that means it ain't your fault and they can't raise your rates). They will pay you and sue her, if they get the money from her you will even get your deductible back.
    I always wonder why people buy insurance but don't use it, and then of course we have the people that need it and never buy it.
    #2
  3. ozmoses

    ozmoses Ride On

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    Is "uninsured motorist" a part of your coverage?

    If those temp tags are legit, wouldn't there have to have been at least minimum liability coverage in effect?
    #3
  4. viverrid

    viverrid not dead yet

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    What he said. You claim under your insurance, and then your company goes after her. Accident not your fault, should not change your rates.

    BTW, I say don't agree, even when the other driver offers to pay directly outside of their insurance. Example: my car got hit in the side by a pickup truck pulling out of a driveway. I had an estimate, it was a local guy, he initially offered to pay direct but hemmed and hawed when he saw the size of the estimate ($2500). I didn't want to wait so went through insurance and more damage was later found; insurance check was $3200 rather than $2500. What if I'd accepted $2500 from the guy?
    #4
  5. TexaNate

    TexaNate Been here awhile

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    This.

    In Texas (at least on my plan with Progressive), it's a lot more expensive to run insurance that covers uninsured/underinsured damage (as well as hit-and-runs). If you don't have that insurance, your insurance company won't pay you for damage that uninsured people caused. People who drive/ride without liability insurance are jerks - that's why it's illegal to do so. Nevertheless, idiots do it.
    #5
  6. urbanXJ

    urbanXJ Long timer

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    And we have a **** ton of uninsured drivers. UM is a must here.

    At least you got to meet a nice young lady. She's 18. Maybe you can "work something out" :evil
    #6
  7. t-bills

    t-bills mcs are dangerous

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    Similar thing happened to me last fall. If you have uninsured motorist, you are set. You will need proof that she doesn't have insurance. Turn that in to your insurance and you will be good to go. If you don't have uninsured motorist, it will be entirely up to you to get the $ from them (i.e. have to sue if she doesn't pony up).
    #7
  8. Zman1

    Zman1 Been here awhile

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    Thanks for the replies. I do have uninsured/underinsured coverage with a $250 deductible. Even after the deductible Progressive is offering a very fair price for my bike. I will let them go get blood from a turnip.

    As far as the temp plates and needing proof of insurance. I talked to a dealer friend of mine and they only need proof of insurance for vehicles that are financed. If you pay cash, no proof is needed.

    Thanks again for the replies!
    #8
  9. DC2wheels

    DC2wheels Castle Anthrax troll

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    As an aside- careful if you ride in New Hampshire- you do not need auto insurance here.

    Be VERY wary of shitbox vehicles. If they look like they put nothing into maintenance you can imagine how much they spend on insurance.
    #9
  10. AirforceGSRider244

    AirforceGSRider244 Hardcore adventurer

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    sorry to hear about the bike. it shouldnt be to much for insurance company to put out there. especially if they can sue her or you could. but shes 18... and not bad looking either. soooooo shes legal :deal and she owes you. :evil maybe you could uhhh figure something out w/ her to kinda forget about it.:drif
    #10
  11. Johnny Locks

    Johnny Locks Adventurer

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    I got hit by an uninsured motorist in June. The woman failed to stop at an intersection and struck me as I was in the middle of it. I did NOT have uninsured motorist coverage. Really learned a lesson on that one. I should have been way better covered, and in fact it was something that had been on my mind, I had called the insurance company about it, but they said "just do it when you renew your policy in a couple of months," which was fine advice, but then I just put it on the back burner and it got forgotten about.

    I hired a lawyer because most people I spoke with said, "get a lawyer." He didn't do jack shit. He wasted 3 months pretending like he was working on my case, and told me there were things he could do, but all he really did was send the woman 2 threatening letters. When she didn't respond he called me to say "doesn't look good buddy." I know that he and his staff made that assessment right away, which is why they put zero effort into it. It pisses me off that he wasted 3 months in which I could have tried some other approaches. I didn't know anything about the "personal injury" lawsuit game until this experience. The guy seems like a caricature of every personal injury attorney stereotype. Parasites IMO.

    Glad you're not hurt and that you have the proper coverages.

    Good Luck!
    #11
  12. sieg

    sieg Wearing out tires......2 at a time, day after day.

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    Yep lawyers, that will teach you to run them.
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  13. Johnny Locks

    Johnny Locks Adventurer

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    Not sure if your comment is sarcastic or not. This experience did teach me quite a bit, and I couldn't really disagree with the non-sarcastic meaning behind your colloquial phrase "that will teach you to run to lawyers."

    But for the record, I didn't "run to" him. I actually knew him outside of his lawyering context. He seemed like a super nice guy, and probably is a super nice guy. He just lacks a moral compass and is very transparent in his hunger for money. He has a famous name because both his father and uncle are superstar personal injury lawyers in Minneapolis. I figured he was probably good at what he did and if it could help me get my bills paid then going along with his schema might not be such a bad thing. I didn't want to get paid because I got hurt, I merely wanted to have the expense from the accident covered. In the end, It didn't bother me that he couldn't help me, it bothered me that he PRETENDED that he could while doing nothing but wasting my time.
    #13
  14. bogey78

    bogey78 Been here awhile

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    +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.

    MANY uninsured motorists are completely judgement proof. They have few, if any, assets and are basically untouchable in today's world. I would think that there is a way to determine assets of the at fault and to see if it is worth it to pursue. If they have a decent job, garnishment is always an option.

    Of course, the OP is covered b/c he had uninsured motorist. When I called to insure my 2nd gen Bandit, I got a quote of $360/yr with $500 deductible. I paid a little over $3k cash for the bike. I cheaped out and opted for a $51/year liability only. The OP's experience has me rethinking my decision.

    I hope your bike is fixed up right and I hope the young lady learns a lesson about responsibility when your insurance takes a shot at her.

    We now have mandatory liability laws in Alabama and thanks in part to the efforts of one of our forum members, Ken, we now have to show proof of insurance when we tag or renew tags for vehicles.
    #14
  15. DougFromKentucky

    DougFromKentucky Just a good 'ole boy

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    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
    #15
  16. viverrid

    viverrid not dead yet

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    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.
    #16
  17. AdamFL

    AdamFL Been here awhile

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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?
    #17
  18. PT Rider

    PT Rider Been here awhile

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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.
    #18
  19. rocker59

    rocker59 diplomatico di moto

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    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.
    #19
  20. AdamFL

    AdamFL Been here awhile

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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.
    #20