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Message
re: Uninsured driver hit me (have questions)
Posted on 8/11/14 at 3:24 pm to brbengalgal
Posted on 8/11/14 at 3:24 pm to brbengalgal
quote:
Is a bill of sale and signing the title over enough to deny ownership
In Louisiana, you don't even need this.
Thing, Price, Consent.
Once you have this, ownership transfers. There are cases that specifically say title does not matter.
Now...how Mississippi views it is another question, and that's what's going to be important relative to whether there continued to be coverage.
1
Posted on 8/11/14 at 3:26 pm to SabiDojo
quote:
Maybe, but wouldn't you feel better getting that advice from a licensed attorney than anyone else, especially an OTer?
Posted on 8/11/14 at 3:26 pm to udtiger
got hit by an uninsured driver nearly 30 years ago... have not been without UM coverage since....
Posted on 8/11/14 at 3:28 pm to LSUTygerFan
Anyone without uninsured/underinsured coverage is playing a dangerous game.
You need to call your claims adjustor. Having a wife who works in claims, it is difficult to get something out of someone who has nothing.
You need to call your claims adjustor. Having a wife who works in claims, it is difficult to get something out of someone who has nothing.
Posted on 8/11/14 at 3:39 pm to SabiDojo
quote:
Don't take legal advice from anyone but your lawyer.
Posted on 8/11/14 at 4:22 pm to jscrims
Assuming you have med pay and uninsured motorist I would let your insurance company handle it. They will subrogate although likely will be just a collection event on the other driver's credit rating.
If all you have is liability then maybe a lawyer would be useful to work the ownership angle assuming the father has means to re-imburse.
If all you have is liability then maybe a lawyer would be useful to work the ownership angle assuming the father has means to re-imburse.
Posted on 8/11/14 at 4:24 pm to LSUTygerFan
quote:
got hit by an uninsured driver nearly 30 years ago... have not been without UM coverage since....
Carry big BI limits so you can carry big UM limits.
Posted on 8/11/14 at 4:24 pm to brbengalgal
quote:
Son has nothing
he can be his butler
Posted on 8/11/14 at 4:41 pm to brbengalgal
What's the point of having insurance if it doesn't cover it's own against the uninsured?
Posted on 8/11/14 at 4:44 pm to jscrims
quote:
Anyone without uninsured/underinsured coverage is playing a dangerous game
Why - La is a Tort state for insurance, so theoretically when someone hits you and is deemed at fault, they have to pay for everything. If someone hits you and doesn't have insurance, you insurance deductibles and limits kick in. Having proper full coverage limits and deductibles is what saves you not unisured/underinsured. Sure you insurance company can battle it out, you can get a lawyer - but in the mean time your insurance and medical insurance will have to cover any surgeries or rehabs.
ETA - good luck, hope you recover quickly..
This post was edited on 8/11/14 at 4:49 pm
Posted on 8/11/14 at 4:46 pm to SabiDojo
quote:
Call a lawyer. Now.
Posted on 8/11/14 at 5:05 pm to brbengalgal
quote:
The father has the same insurance company that I do.
How is ownership determined?
If he has a bill of sale and turned in the plates then the insurance is cancelled and the ownership changed.
Like when you sell a car here you have to either bring the plate in or bring in a statement of non-use or a bill of sale.
If that is on file then the ownership is changed.
Now IF the son has changed ownership and the title is in his name. Or he has a proper bill of sale, then it's his car and no insurance.
To me it sounds like father may be liable. Call an attorney, it won't cost you anything, they get paid off the back end.
Posted on 8/11/14 at 5:09 pm to brbengalgal
My wife had the same thing happen last April. Bitch with no ins hit her. 10K damage on our vehicle. Then she gave us bogus info.
Notify your insurance NOW. We didn't at first, thinking it may cause our insurance to go up. EVEN if you make a claim against your uninsured, your premiums will not go up.
Also, it behooves your ins company to get to the bottom of it, and they will.
I had JUST raised our deductible to 2K THREE weeks before. We ended up getting our deductible back.
Notify your insurance NOW. We didn't at first, thinking it may cause our insurance to go up. EVEN if you make a claim against your uninsured, your premiums will not go up.
Also, it behooves your ins company to get to the bottom of it, and they will.
I had JUST raised our deductible to 2K THREE weeks before. We ended up getting our deductible back.
Posted on 8/11/14 at 5:11 pm to CurDog
quote:
to be the ultimate prick, if jr has a job they can garish his wages. that is what I did
On a scale of zero to Chaz Ramsey I would rate someone who drives without insurance as the far greater prick in this situation.
Posted on 8/11/14 at 5:15 pm to Napoleon
Plates were still on the car, I talked to MS DMV and no paperwork has been filed.
Posted on 8/11/14 at 5:24 pm to brbengalgal
The son was not legally operating the vehicle. In Louisiana, the vehicle was not legally transferred until the son owner made proper application for title. The father remains personally liable for any damages, as well as the son who was illegally operating the vehicle. At the time of the accident, the son should have received citations for no insurance, lack of registration and title, and careless operation (or similar charge). Because the father canceled insurance on the vehicle, your recovery will be limited to his personal assets. Make a claim under your policy, and discuss filing suit against the father with a competent attorney.
Posted on 8/11/14 at 5:28 pm to brbengalgal
This happened to me.
Drunk driver with no insurance hit my wife and I. I spent a couple days in hospital and wife spent 5.
Our UM coverage followed by health insurance took care of everything and then some. Wife got a check for 20k from the insurance company a couple months later.
Drunk driver with no insurance hit my wife and I. I spent a couple days in hospital and wife spent 5.
Our UM coverage followed by health insurance took care of everything and then some. Wife got a check for 20k from the insurance company a couple months later.
Posted on 8/11/14 at 5:36 pm to brbengalgal
Get attorney and sue dad and son plus collect on your UM.
Posted on 8/11/14 at 6:19 pm to TigerfFaithful
That sounds right to me. Driver did get tickets for following too close and expired plates. He produced the dad's insurance card, so the officer did not know there was no insurance.
Posted on 8/11/14 at 6:25 pm to brbengalgal
I had a couple of mexicans back into me in a big truck with a TX plate. They showed state farm insurance, but a few days later, state farm(my ins) informed me that the insurance was not current. They havent paid in months. I was out of a 250 deductible for that.
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