Uninsured RX

My husband recently had an unisured accident that totaled our car. Our insurance company did cover the car with our deductible taken from the total amount. We are still working with a lawyer for the injuries that were sustained. Not fun, and I feel for you.

That has happened to me three times, all being rear eneded by an uninsured driver, but fortunately, we are talking about damage to the vehicle, not to people. The first time the police told me she had no money and was living in an apt and had no assets. The second time I was hit by a paralegal who had no insurance and her attorney advised her to sell her jewelry and give me the money to cover my deductible. The third time happened last month. My insurance company is trying to go after her, but I don’t think they will get anything. Uninsured drivers usually have no money. You should talk to a personal injury lawyer. They take these cases on a contingency basis. They may go after the owner of the SUV.

You can, but I see two problems. First, your insurance has first claims on the driver’s asset. You subrogated your claims on him to them. Second, the person is basically a criminal and probably has no money.

Your insurance company or your friend’s insurance will probably go after the person if they have any assets. Usually, uninsured motorist is uninsured for the simple reason that they have no money.

Talk to your insurance company. Even if the driver had no license or insurance, that doesn’t mean that the person who owned the car didn’t either. And if they didn’t, many states have excess laws that allow you to pursue others with insurance (If they live with parents, you can go after the parents. Or if they have homeowners insurance, sometimes you can pursue that). Your insurance company is in the best situation to find out available coverages.

Second, look at your own insurance policy. If you have Uninsured Motorist Coverage for injuries, it would cover you in this case (Not all states require it, so check your individual policy). If you do have it, basically your insurance company will act in the place of his insurance, they will compensate you then pursue him. They may go after him or the car owner in civil court, through awards and liens.

If you don’t have that though, then your only option is civilly suing him. Some jurisdictions have actually taken to the idea of impounding the uninsured vehicle, auctioning it off and compensating you from the profits.

I would start with your insurance company or broker, as they will give you all the proper information as to your coverages and advise you of your rights.