What happens when an uninsured motorist hits someone?

[ATX]

one of my sister's friends let his insurance expire and he got in an accident.

the other people had full coverage, and damage is probably less than $4000 to their car. Should he be worried? What happens at this point? No injuries to the other people but one of my other friends was hurt (very sure no lawsuit between friends).

I have heard 10 different things from 10 different people. Especially from the insurance company's standpoint. Just trying to ease a brother's mind or let him know what to expect.

 

[DannyMay]

It depends on the state.

In Indiana their insurance company will pay them and then file papers with the state to get his licensed revoked until he pays them back.

 

[drunkguy]

may be a local/state thing, but my Dad got hit by an uninsured driver about a year ago. He had to go to court to sue for damages, and then have a court-ordered payment schedule worked out.

As far as his drivers license, there are varying laws by state regarding how much coverage he must have to be on the road. He can expect at least a suspension of his drivers license.

 

[DannyMay]

Yes, I would say regardless of the state he will lose his license for a while.

 

[RobFunk]

the person who got hit and has insurance. their insurance will pay for it. it should be covered under "damage by uninsured auto" on their selection page.

<BLOCKQUOTE class="ip-ubbcode-quote"><font size="-1">quote:</font><HR>6. Uninsured and Underinsured Motorist Coverage

This coverage will reimburse you, a member of your family, or a designated driver if one of you is hit by an uninsured or hit-and-run driver.

Underinsured motorist coverage comes into play when an at-fault driver has insufficient insurance to pay for your total loss. This coverage will also protect you if you are hit as a pedestrian. <HR></BLOCKQUOTE>

http://www.iii.org/individuals/auto/a/basic/

 

[Dante]

they will SUE him atx....unless they have uninsured motorist coverage on themselves. then they can claim it that way ...but he will get sued in small claims if no insurance

 

[RobFunk]

well if the hit auto has full coverage as he states he has nothing to worry about at all. its covered under most states basic.

 

[RobFunk]

the downside is the offender must pay for all their own damages since he has no insurance and also increased driver points. but the other party will be protected under their "full coverage"

 

[DannyMay]

Rob,

The insurance company will go after him for their money back.

 

[RobFunk]

if it is in fact indiana they state that

"Some drivers on the road choose not to have insurance. If you're involved in an accident with an uninsured driver, you have little chance of getting that driver to pay for your damages."

http://www.indymall.com/insure/auto.htm#Uninsured

 

[hanover00]

The other party's insurance will pay under Uninsured Motorists BUT the insurance company has the right to collect from the at fault party. They WILL come after him for the damages that they paid out. The $4,000 will be the least of his problems. Better hope that a lawyer doesn't get to them and, before you know it, they are permanently injured and maimed. Then the house and retirement are gone, too.

 

[RobFunk]

big bottle of jack daniel's 20 bucks. that is the least expensive alternative.

 

[DannyMay]

Rob,

Yes they say you have little chance of getting that driver to pay because it is much easier to just let your own insurance company pay you then to sue him, and then wait for him to pay.

However, hanover is right. The insurance company is running a business and they arent going to pay $4000 of damages that I caused and just say oh well - its our treat. They will get that money back with interest if it takes 20 years. They also have some weapons the injured driver doesnt have. In Indiana they can get his license suspended indefinitly until he pays the money back to them.

 

[Angelle]

WHAT STATE IS IT?

 

[ATX]

I'm pretty sure the other party had full coverage. Any one familiar with Texas law? The accident occurred on private property (parking lot). Make any difference?

How does it all go down?

 

[hanover00]

Read my post above.

 

[zzzzzz]

i just read in the texas penal code that he could get 3-12 years of incariration.....

tell him to leave the country

 

[zzzzzz]

private property??

make sure that your right about that, if it is in fact true about private propery your buddys in deep shitt.......bad bad news

 

[DannyMay]

If it is just $4,000 worth of damages, he would probably be best to just pay it.

$4,000 isnt really that much money, especially in Texas. The longer it goes - the more he is going to owe anyway ( with Interest and the insurance companies attorney fees if they have to sue)

 

[zzzzzz]

good thing though is that he wasnt drunk.....OR WAS HE???