At fault driver in auto-accident has no insurance?

by **reid** » Fri Jul 13, 2012 11:17 pm

I was just in an accident this past Friday. My wife and I were in the car, she is 9 months pregnant and was due on the tenth. We were stopped and the red light and was in the far right hand lane. There was another car adjacent to us in the left hand lane. The driver who hit us I believe was initially in my lane but he stated that he was on the phone and was not fully paying attention to what he was doing. He told this to myself, my wife, and the officer on duty. We exchanged information so I. Immediately called his insurance company, progressive.
They called me back today and stated that he was NOT insured with them at the time of the accident yet he told the officer he was and somehow it checked out on the deputies computer. He also gave the officer the wrong address. Progressive stated that he was now insured with allstate so of course I called them and they said that they have 20 people with that name and the address and phone number he gave the officer did NOT match any of them. I tried calling the deputy who was at the scene but he can not get to metill Monday. I also tried to contact the driver personally but when I asked for him they stated ihad "the wrong number" even though I recognized his voice. I also verified who I was and at that point he hung up the phone. The day of the accident I immediately got a hold of an attorney but they eventually told me that they can't help me because 1. He was not insured and 2. My insurance only covers personal injury. I live in Florida which is a no fault state but I refuse to believe that this man can get away with this without consequence. Is there any way I can take legal action out against this man? There has to be a way because this is NOT justice. Thank you in advance. Oh and my wife and I were also checked in at the hospital so we have medical bills that need to be paid.

by **nickson** » Fri Jul 13, 2012 11:21 pm

I was just in an accident this past Friday. My wife and I were in the car, she is 9 months pregnant and was due on the tenth. We were stopped and the red light and was in the far right hand lane. There was another car adjacent to us in the left hand lane. The driver who hit us I believe was initially in my lane but he stated that he was on the phone and was not fully paying attention to what he was doing. He told this to myself, my wife, and the officer on duty. We exchanged information so I. Immediately called his insurance company, progressive.
They called me back today and stated that he was NOT insured with them at the time of the accident yet he told the officer he was and somehow it checked out on the deputies computer. He also gave the officer the wrong address. Progressive stated that he was now insured with allstate so of course I called them and they said that they have 20 people with that name and the address and phone number he gave the officer did NOT match any of them. I tried calling the deputy who was at the scene but he can not get to metill Monday. I also tried to contact the driver personally but when I asked for him they stated ihad "the wrong number" even though I recognized his voice. I also verified who I was and at that point he hung up the phone. The day of the accident I immediately got a hold of an attorney but they eventually told me that they can't help me because 1. He was not insured and 2. My insurance only covers personal injury. I live in Florida which is a no fault state but I refuse to believe that this man can get away with this without consequence. Is there any way I can take legal action out against this man? There has to be a way because this is NOT justice. Thank you in advance. Oh and my wife and I were also checked in at the hospital so we have medical bills that need to be paid.

The officer should have gotten the man's driver's license information. If he didn't you don't have a case as you will never prove who was actually at the accident scene.

This is why you should have uninsured/underinsured motorist coverage.

by **mace** » Fri Jul 13, 2012 11:23 pm

Right on, uninsured motorist insurance. Love the stuff. Never had to use it, but pay for it year in and year out. Go to the cop shop or wait till Mon. and talk to the cop who was there....Tell them everything you have told us. The cop should suspend the jerk's license or did the other guy get a ticket? You better show up in court at the time Jerk is gonna be there. I think you have a say in this...Good Luck, boy or girl? Got any cigars?

by **mate** » Fri Jul 13, 2012 11:25 pm

You need to contact your own insurance if you haven't done so already.
For one, you have injuries and since your state is no fault, your insurance pays for your medical bills regardless of fault.
Secondly, if you have collision coverage, you can use that to get your car fixed, and your company will try to get your deductible back for you.
Sorry to say there is no uninsured motorist coverage for vehicle damages in your state, so you'll have to use your collision coverage.

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