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In an accident with someone who has no auto insurance ...

  • Sonofanump
    O-Trap;1223693 wrote: I find it ridiculous that the person can essentially get out of this by being less responsible and not insuring their vehicles. Honestly, if they have any assets that can be sold to pay for the damages, is that even an option?
    Your carrier will pay the damages and have a judgement rendered against them in court to squeeze whatever blood they can out of the turnip.
  • queencitybuckeye
    O-Trap;1223693 wrote: That's what we'll probably have to do, then. I find it ridiculous that the person can essentially get out of this by being less responsible and not insuring their vehicles. Honestly, if they have any assets that can be sold to pay for the damages, is that even an option?
    Sorry if I'm repeating myself, was the driver someone authorized by the owner to be driving this vehicle?
  • O-Trap
    Sonofanump;1223695 wrote:Your carrier will pay the damages and have a judgement rendered against them in court to squeeze whatever blood they can out of the turnip.
    Awesome.

    Well, they did say that they are waiving the $250 deductible, so that's at least good news.

    It's almost hilarious how many ambulance chasers have contacted us in the last 48 hours. We've gotten 8 phone calls, 3 text proposals, and one guy even drove to our house to hand us a damn pamphlet. Gosh a ruddies.
  • O-Trap
    queencitybuckeye;1223696 wrote:Sorry if I'm repeating myself, was the driver someone authorized by the owner to be driving this vehicle?
    I didn't catch that from what my wife told me when she spoke to the officer this morning.
  • queencitybuckeye
    O-Trap;1223697 wrote:Awesome.

    Well, they did say that they are waiving the $250 deductible, so that's at least good news.

    It's almost hilarious how many ambulance chasers have contacted us in the last 48 hours. We've gotten 8 phone calls, 3 text proposals, and one guy even drove to our house to hand us a damn pamphlet. Gosh a ruddies.
    The lawyers from non-B1G schools have to eat somehow.
  • O-Trap
    queencitybuckeye;1223699 wrote:The lawyers from non-B1G schools have to eat somehow.
    Reps.
  • fan_from_texas
    queencitybuckeye;1223699 wrote:The lawyers from non-B1G schools have to eat somehow.

    I lol'd.
  • gut
    O-Trap;1223693 wrote: Honestly, if they have any assets that can be sold to pay for the damages, is that even an option?
    If you had to sue them yourself then it really depends on how much the car is worth. Collection is an entirely different matter, nevermind what you have to pay the lawyer. If you got a judgement, probably your only option left would be to sell to a collection agency for 10cents on the dollar. Otherwise, perhaps a good lawyer could get them to garnish wages until you are paid. But how much would that be in your best case scenario - maybe $100 a month (the court wouldn't take their whole paycheck, and property damages are probably pretty far down the pecking order).
  • Azubuike24
    I don't want to get into specifics with my company and what our policy says, but if it's an Ohio or West Virginia policy and I know all the loss details (and what is verified with all parties involved), it should be easy to get a resolution. Most carriers will handle the claim the same way and the policies, more or less, have the same language.

    For instance, ALL claims filed on your policy, that go under a chargeable coverage (Collision, Loss of Use, Medical Payments) will be an at-fault claim, or at least have a chargeable factor to your policy. This can be "removed" if subrogation is successful, but it's important to realize your coverages, how they apply and the specifics.

    In Ohio, PDUM is an endorsement. This means it isn't required. It ONLY applies if the other person has no insurance and can be proven. It would not apply if they flee the scene. Unlike West Virginia, where you can get PDUM on any accident where it's an unknown party, hit-skip, etc...as long as a police report is filed within 24 hours.
  • Azubuike24
    Just to add, unless there are possible "excess" injury benefits such as BIUM recipients, no attorney not doing someone a favor will take on a first party matter like this. It would be a waste of their time and a major waste of your time and money. BIUM can't apply, even if there are injuries/medical treatment, unless PDUM would apply first. In Ohio, it's much tougher for a claim to qualify for these coverages as it is in other states (like West Virginia).