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Car Accident ??


Vettecor
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The last post in this topic was posted 1430 days ago. 

 

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My brother in law was recently involved in a car accident by a drunk driver. He had injuries but not real serious ones. He was driving a 15 year old truck and it was totaled. The driver fled the scene and police arrested her at her home. She was charged with DUI and leaving the scene of an accident. My brother in law didn't have full coverage on his truck. Only what was required by law.

 

He got a lawyer. After a few months went by the lawyer said she doesn't have any money so she can only pay you $30.00 per month !! Guess she didn't have full coverage either do to the age of her vehicle. I guess she doesn't own any property either.

 

This doesn't seem right to me. He's out a vehicle, lost work do to his injuries and she only pays $30.00 per month. Even though she didn't have full coverage can't the lawyer go after her insurance company ?

 

What do you guys think ?

 

Thanks

 

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The insurance carrier is only going to pay based upon what the coverage provides for on the policy.  If they don't have a coverage that addresses the damage in question, they have precisely zero responsibility here.  She may not even have HAD coverage.  Many drunk drivers DON'T have coverage...

 

The restitution order is something that is hopefully imposed by the Court as a condition of the sentence on the new criminal conduct.  Given that there were injuries, that would have been a felony in my State and NOT just a DWI (which can be a misdemeanor or a felony depending on the number of previous convictions). 

 

Sadly, your brother learned why it makes sense to always have some manner of coverage that addresses loss of the vehicle for reasons other than his own fault.  One need not have full coverage to be covered in these sorts of situations.  He chose not to pay for the necessary coverage and has learned the hard way.  Hopefully he makes a different decision on his next vehicle...

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3 hours ago, centex said:

The insurance carrier is only going to pay based upon what the coverage provides for on the policy.  If they don't have a coverage that addresses the damage in question, they have precisely zero responsibility here.  She may not even have HAD coverage.  Many drunk drivers DON'T have coverage...

Agreed. DUI + Fleeing = not only no insurance, but likely suspended/revoked license also and facing jail time for multiple DUIs.

 

Centex I don't know if this is how it works in Texas, but it used to be in Illinois that if you were DUI and crashed your vehicle, leave and go to someone's house. When the police do find you, make sure you have alcohol in your hand. Easiest way to beat a DUI - "I went to a friend's house to call for help, and I was so shaken up by the crash I got a drink".

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18 hours ago, centex said:

The insurance carrier is only going to pay based upon what the coverage provides for on the policy.  If they don't have a coverage that addresses the damage in question, they have precisely zero responsibility here.  She may not even have HAD coverage.  Many drunk drivers DON'T have coverage...

 

The restitution order is something that is hopefully imposed by the Court as a condition of the sentence on the new criminal conduct.  Given that there were injuries, that would have been a felony in my State and NOT just a DWI (which can be a misdemeanor or a felony depending on the number of previous convictions). 

 

Sadly, your brother learned why it makes sense to always have some manner of coverage that addresses loss of the vehicle for reasons other than his own fault.  One need not have full coverage to be covered in these sorts of situations.  He chose not to pay for the necessary coverage and has learned the hard way.  Hopefully he makes a different decision on his next vehicle...

This is such sage advice...

 

A part of your insurance policy is un/underinsured motorist. Your brother can file a claim against his UIM policy which will cover his bills and may cover his vehicle damage as well, but only to to his liability limits.

 

 

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7 hours ago, CTSoxFan said:

This is such sage advice...

 

A part of your insurance policy is un/underinsured motorist. Your brother can file a claim against his UIM policy which will cover his bills and may cover his vehicle damage as well, but only to to his liability limits.

Depending upon the state, "state minimum" may not include uninsured/underinsured motorists. Yes, its relatively inexpensive coverage but for those who use companies such as Safe Auto for keep-me-out-of-court insurance coverage it may not be included.

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Agree with the above. In 2010 I was hit by a drunk driver. He fled, had no insurance, totalled my car, I ended up in the hospital, and so on. He also had no drivers license, since it was revoked for a previous DUI.

I got an attorney and ended up using my own car insurance, that included $100,000 uninsured motorist coverage. You got to protect yourself, because there are no guarantees in life.

Edited by Burgerwars
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3 hours ago, Burgerwars said:

Agree with the above. In 2010 I was hit by a drunk driver. He fled, had no insurance, totalled my car, I ended up in the hospital, and so on. He also had no drivers license, since it was revoked for a previous DUI.

I got an attorney and ended up using my own car insurance, that included $100,000 uninsured motorist coverage. You got to protect yourself, because there are no guarantees in life.

Did the DUI that hit you get jail time?

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26 minutes ago, IndyPoolPlayer said:

Did the DUI that hit you get jail time?

That's a good question. I was asked to appear at a court hearing, that I did, but he never showed up. The DA's office then told me a warrant will be issued, but I gave up following what was going to happen to him. My insurance company didn't seem to care.

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