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Advice needed on rear end accident

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Old 06-18-12, 08:34 AM
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TTechLexus
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Default Advice needed on rear end accident

So this weekend I was at Target at a stop sign. A girl in a camry hits me from the back and we pull over so that I can get her information. The damage is minimal but I'll need a new bumper cover.

Her insurance company is not open on weekends so I call mine (progressive) to file the claim. Long story short my adjuster gets back to me that when he called her insurance company her coverage had expired on June 14 (accident occurred June 16). Yet when I got her insurance information it said it was valid through July.

So f me sideways, what recourse do I have now?
Old 06-18-12, 09:05 AM
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Dawa
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your insurance should include 'uninsured/underinsured motorist coverage' i have progressive and i have that option. you should be taken care of, unless the claim agent said otherwise. in which case you should ask him or her what you should do.

oh and if in the end it turns out that her insurance is expired and wont cover you AND your insurance doesnt cover it, you can give her an ultimatum. either she covers the repairs outside of court, or you take her to court, in which the judge i feel will most likely be in your favor.
Old 06-18-12, 10:22 AM
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shadowman
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If the accident expired after her insurance expired, that's technically driving without automobile insurance. You can report her to the police.

Definitely pressure her to cover the damages or you will report her to the police.
Old 06-18-12, 11:05 AM
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KillaIS250
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Originally Posted by TTechLexus
So this weekend I was at Target at a stop sign. A girl in a camry hits me from the back and we pull over so that I can get her information. The damage is minimal but I'll need a new bumper cover.

Her insurance company is not open on weekends so I call mine (progressive) to file the claim. Long story short my adjuster gets back to me that when he called her insurance company her coverage had expired on June 14 (accident occurred June 16). Yet when I got her insurance information it said it was valid through July.

So f me sideways, what recourse do I have now?
Seems like she showed you an insurance card with a July expiration date, but her insurance probably expired in June for something like non-payment of premiums. I've seen it happen before, people forget to, or just don't pay the insurance and then coverage lapses. Then something like this happens...

If you have uninsured/under-insured coverage on your policy, you should be able to get the car fixed right now, and your insurance company may even waive your deductible (if you have one) because the other party is clearly identified. In that case, they will pay out for your damages and then pursue the person who hit you for the costs in court usually. If you don't have this kind of coverage, you'll have to take her to court yourself if she refuses to pay out of pocket for the damages.
Old 06-18-12, 11:45 AM
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UniSlayEX
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Originally Posted by ProperD
your insurance should include 'uninsured/underinsured motorist coverage' i have progressive and i have that option. you should be taken care of, unless the claim agent said otherwise. in which case you should ask him or her what you should do.

oh and if in the end it turns out that her insurance is expired and wont cover you AND your insurance doesnt cover it, you can give her an ultimatum. either she covers the repairs outside of court, or you take her to court, in which the judge i feel will most likely be in your favor.
100% agree. Couldn't have said it better myself.
Old 06-18-12, 12:40 PM
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altrego350
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I'd contact the police to report her anyways. I HATE people who drive without insurance.
Old 06-18-12, 01:11 PM
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JohnLX300
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Originally Posted by Nyquil
Well said. At least by reporting it to the police she will hopefully in the future make sure she has valid insurance at all times.
I would just show up at her house with the police, this would be considered falsification of insurance documents...if you had the police make a report when this happen she would have technically lied to the officer by showing him that insurance card.

I just can't stand when good people get screwed over!!!
Old 06-18-12, 04:07 PM
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Initial G
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Sorry to hear about the bad news. I would report the other driver to the police and take her to court for the amount of damages you have incurred because of her negligent act of driving with expired or no insurance. Don't wait, act now.

I also dislike individuals who drive without one or the other (valid license or insurance) or the scary part is when they don't both. If you can't get a drivers license, be kind and respectful of other drivers and just walk, ride a bike or take the bus.
Old 06-18-12, 04:10 PM
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Gville350
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Tell her, you give me cash money or I'll report you to the authorities!
Old 06-18-12, 04:57 PM
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kingster
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Yes, cali. has many drivers without DL but that does not mean the car is not insured. By law in CA a vehicle must be insured or DMV will cancel the car's registration almost inmediately.
I am not sure how soon but for sure you get something in the mail that insurance has expired and registration will be canceled in a given number of days if insurance isn't reported to DMV by your insurance broker. The actual owner (on registration) will be responsible in case of an accident for letting other people without DL drive his/her car.
Old 06-18-12, 05:38 PM
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adrr
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Originally Posted by TTechLexus

So f me sideways, what recourse do I have now?
Give her a reasonable date to pay by. 30 days or so. Keep track of all telephones calls, you'll need this for small claims. If she doesn't pay, go down to small claims court and file a claim, takes like 10 minutes. Not sure how courts work in Cali, but you may need to serve her papers which you can hire a professional to do so. Assuming Cali is like most states, if you win the court case and she doesn't pay, they'll suspend her license. Some states you can garnish wages.

Don't want to do all this, put it on your uninsured/collision insurance. You'll be out the deductible.

Disclaimer, i'm not a lawyer and this is not legal advice.
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