|
|
 |
 |
 |
 |
 |
In Reply to: Re: Non-insured Driver posted by Ken Young on November 16, 2003 at 21:57:09:
To Clarify:
The other driver may make a claim under his own insurance policy. If he carries collision coverage, that will pay for his damage. If he carries uninsured motorist coverage, that will step in and pay his bodily injury claim as if they were your friend's insurance company.
Your friend is responsible for any payments made and damage incurred as a result of the accident. This is why most responsible drivers purchase insurance coverage. He may be sued by the other driver and/or the driver's insurance company.
: : A friend of mine rear-ended a car when he wasn't insured. What is his course of action....even if it (like he said) was an honest mistake...
: RESPONSE.................
: How did he get his license plate renewal without proving he was insured at that time?
: The law in most States stipulate that a driver must keep his vehicle under control at all times. If a different car did not hit your friend forcing your friend to rear-end the other vehicle, your friend will be held at fault for the accident.
: If the driver/insured of the other vehicle has "uninsured/underinsured coverage, that driver can make claim against your friend under his own coverage to have his own car repaired under his own collision insurance minus the deductible and if that driver incurred an injury also make claim against his own company under the Bodily Injury portion of his own policy.
: Anyway you look at it your friend can be sued by the owner/driver of the car he rear-ended for the deductible that driver had to pay to have his behicle repaired, and you can give odds that the insurance company is going to come after your friend for the balance of the money they paid in making the driver/owner whole again when the company settles with him.
: If the owner of the rear-ended vehicle does no have Unisured Mortorist coverage on his policy, then he has the right to sue your friend and get a judgement against him.
: To take it a little further, the court will allow "X" amount of days for your friend to satisfy the judgement the court awards in favor of the driver/owner of the rear-ended vehicle to satisfy the judgement.
: If your friend doesn't satisfy the judgement in the alloted time then your friend can file for a "Writ of Execution" of the judgement.
: Then what happenes is that a Sheriff's Officer or a Constable will visit your friend with a signed order from the court and clean out everything your friend owns and put it up for sale at an auction to satify the judgement.
: It's not worth running around without auto insurance. My view is that if you can afford to purchase a car and maintain it, then you can afford auto insurance especially since many companies will permit the insurance to be paid on a monthly payment schedule.