Now what do I do??

lifesaver · #1 02-28-2005, 02:22 AM

Some of ya'll know I was in an accident on Saturday the 19th. The other driver was a real bitch and the accident report stated it was her fault. I had filed a claim with her insurance and got a letter today that said;

"This letter is in reference to the above mentioned claim. A complete investigation has been done and our records indicate that Ms. Rodriguez's policy expired on 2/19/05 at 12:01am. Therefore, there is no coverage afforded."

WTF? I dont have uninsured motorist coverage on my policy. I guess my only option is to sue now, huh? What do I do if I am awarded a judgement and she still dosent wanna pay? Anyone else ever been involved in something like this? The truck is drivable, but has about $1200 worth of damage.

I'm so pissed right now.

bluefish81 · #2 02-28-2005, 02:44 AM

I'm sorry to hear about your accident. That really sucks. And the fact that she's been such a bitch isn't helping. I've never been involved in a situation like that, but I do underwrite insurance (including auto), so I see some random stuff from time to time.

Have you talked to your claim's rep about it at all yet? I'm sure that you have. I would think there has to be some way to subrogate the claim, I'm just trying to figure out how. And depending on her company's policy, the chances of her policy being reinstated aren't good, depending on why she no longer has a policy in force. Do you have her contact info? Perhaps (on an optimistic note), she'd been shopping around and has already replaced it with another carrier? If her policy lapsed for non-payment, then you're pretty much screwed because there's no way in hell her company will reinstate her policy with an accident, much less an at-fault one.

I'm tempted to ask who she has for insurance, but then I'd probably end up giving a really snotty opinion of her company and you don't need that.

I'll look over my company's generic forms and see if I could find anything that might apply to your situation.

lifesaver · #3 02-28-2005, 03:07 AM

The letter from Direct Adjusting Company, out of Nashville, claims that the policy 'expired'. I have all her contact info and will be speaking with both the claims rep again tomorrow (I just got the letter out of the mailbox this afternoon) and Ms. Rodriguez. Hopefully, she did have another policy in place. If not, what does 'subrogate a claim' mean?

this is all new to me. and it sucks. Ive got about 10 atty friends who will help me sue if I have to, I just want to avoid that at all costs.

IowaStatePhiPsi · #4 02-28-2005, 04:00 AM

Quote:

Originally posted by lifesaver
Hopefully, she did have another policy in place. If not, what does 'subrogate a claim' mean?

Subrogate would be to substitute the new insurance agency or her for the one on the original claim. My guess is that if she gave you the expired insurance company, she may not have had coverage of the new yet... so that means sue her ass.

And sue quickly before she can attempt to file bankruptcy charges!

My dad, sister and I were driving back from visiting my grandfather in OH several years ago and were rear-ended in a construction zone by a lady paying more attention to her kid than the road while everyone was merging into one lane. The day after the claims went through my dad received a letter that the lady was filing bankruptcy- once that happens you're really SOL in attempting to get any restitution.

Lady Pi Phi · #5 02-28-2005, 12:27 PM

You should talk to a lawyer about suing. If she doesn't have any insurance, that's the only way you're going to get any money out of her.

If you sue and she still doesn't want to pay, I'm not sure what the law is like in your state but I am assuming there are different methods for ensuring you receive your judgment.

You could probably have her wages garnished, or have her property siezed (like her car).

KSig RC · #6 02-28-2005, 12:53 PM

$1200 in damages means this will be handled in small claims court - start the suit right now, like today, and it'll be much less painless than you imagine.

aephi alum · #7 02-28-2005, 01:06 PM

Sorry to hear about your accident.

I'm not an expert on auto insurance, but I have had to file more than one claim in my driving career (stupid Northeast drivers

). I've never had to deal with an uninsured motorist, though.

Subrogation basically means your insurance company tries to get money out of her insurance company. However, if her insurance has lapsed, that won't be an option. If she has new insurance, your insurance company can go after her new insurance company. If not, probably your only option is to sue the other driver, since you don't have uninsured motorist coverage.

She should already have been ticketed or something for driving without insurance (if she didn't have new insurance). I'm pretty sure most states require a certain minimum level of insurance.

Another thing... Make sure your insurance coverage isn't jeopardized. A friend of mine got dropped by her insurance company because she had three not-at-fault accidents in two years (in one case, someone hit her PARKED car that she wasn't even in at the time).

Good luck

valkyrie · #8 02-28-2005, 01:13 PM

If you do sue and you win and can't collect, you'll want to find out if she owns anything valuable like a house -- you can probably get a judgment lien.

Rudey · #9 02-28-2005, 01:19 PM

I'd walk over there and quickly see if she has anything valuable. If she says she can't pay up but has a plasma tv, you know what you gotta do.

-Rudey

AchtungBaby80 · #10 02-28-2005, 04:33 PM

Sue.

AChiOAlumna · #11 02-28-2005, 04:38 PM

I don't have uninsured motorist insurance either...I was in an accident and my insurance company covered the damage with the exception of my deductible. You can check to see if your insurance company has this kind of policy and then they will go after her for the remainder of the damage, which is what my insurance did.

IowaStatePhiPsi · #12 02-28-2005, 04:38 PM

Quote:

Originally posted by Rudey
I'd walk over there and quickly see if she has anything valuable. If she says she can't pay up but has a plasma tv, you know what you gotta do.

-Rudey

Marry her, divorce her and take the TV.

Rudey · #13 02-28-2005, 05:00 PM

Quote:

Originally posted by IowaStatePhiPsi
Marry her, divorce her and take the TV.

I would skip steps 1 and 2, and just go straight for the TV.

-Rudey

Tom Earp · #14 03-03-2005, 12:15 AM

Hell, just cap Her with a cold Piece!

Go figure, DA!

Insurance and Used Car Sales snakes! UGH!

Use a ___ leave no trace, wash all body and clothes to get residue!

I love semi law abiding citizenary!

SATX*APhi · #15 03-03-2005, 01:57 AM

Quote:

Originally posted by KSig RC
$1200 in damages means this will be handled in small claims court - start the suit right now, like today, and it'll be much less painless than you imagine.

Yes. I am all about you going through small claims. Since I work for a JP, I can give you the info you need. Check your PMs.