karenkaren1

So...... I have learnt the hard way that it is fully legal in this state to drive with inadequate insurance. Myself and my husband were stopped at a red light and got rudely rear ended by a driver looking at his phone. No breaking, just bashed into us at 30mph, my car written off, X-rays and medication needed for me and my husband at the hospital - gd only knows what that will cost (both still very sore with cuts and bruises - one across my face and warned that whiplash symptoms probably still to come) and to add insult to injury - got a call from other party insurance saying they only had most basic of basic cover which doesn't include personal injury damage and very limited payout (with a big shortfall) for my car, other driver given citation for careless driving.
options avail seem to be, go through my own insurance (losing 3k in deductibles then they pay out 80%) or sueing (long process, expensive and they dont appear to have any means to pay).


thoroughly pi$%ed off

Hotscot

Welcome.
You have my sympathy.
You might like to avoid Southern California.

chawkins99

It is a shitty situation for sure but I would suggest you also have inadequate insurance. You're lucky that they had at least the basic insurance as there are many drivers out there without even that.

Most insurance companies offer uninsured motorist coverage. My insurance has a $100 deductible for both comprehensive and collision, uninsured motorist coverage and loan/lease payoff. Yes, I pay through the nose for it but I don't want to be in your situation.

My colleague is currently battling insurance after he was rear-ended. His F-250 was repaired but he subsequently discovered it was tagged on Carfax as having 'Structural damage' effectively wiping $10k+ off the value.

Pulaski

If they have any assets worth recoverin then you sue them on a contingency basis, but if they have no assets you're SOL.

ddsrph

Rete

For the State of Mississippi:

Drivers in the state of Mississippi are required by law to have car insurance. However, you don’t need car insurance to register your vehicle or apply for a Mississippi driver’s license. Although there are laws to prevent people from driving without insurance, the National Highway Traffic Safety Administration reports that one out of every 5 motorists in Mississippi are uninsured.

Minimum coverage is $25,000 bodily injury

P.S. Sorry that you have chosen such a high deductible ($3K) on your collision portion and that then the insurance will only pay 80% of the rest. I have $1,000 (just raised from $500) with no percentage.

ddsrph

karenkaren1

thats shitty! very bad luck. we do fortunately have underinsured motorist cover and will be claiming with my own insurance.... I had just hoped to avoid but unavoidable! horrible system

karenkaren1

thanks for your reply, thankfully we do have that cover. I have taken on a lawyer also today who is pretty much doing as you said. We are also getting medical treatment still and so I really needed legal counsel!! I have never claimed anything before and dont know the system here

karenkaren1

its 1k medical and 2k deductible for personal damage. not great, but we havent been here a year yet and everything so expensive at the beginning....

zzrmark

Sorry for your troubles.

Back in November 2017 we were taken out by a drunk who then scarpered, he didn't get very far! We have what is best described as a fully comprehensive policy, as did the twerps parents ( who were insuring his car, luckily for us).
All in all, we came out about $5k out of pocket and his case is still crawling through the courts (a case that the State is pursuing, not us). Despite having an 'impressive' list of previous run ins with the law, and about five or six hearings so far on this case alone, we still have no idea whether the judge will award us anything for out of pocket costs.

I can't really afford $5k but I'd rather be strapped for cash any day of the week than be plagued with injuries x months down the road. Wishing you a swift recovery.

scrubbedexpat099

Slightly different in the UK and now I think of it I may be out of date?

There was basically a fund set up by Insurance Companies to cover Bodily Injury and if people did have Insurance then the limits are much much higher. I think my State also requires $25,000, but they are so many uninsured drivers not sure that really matters.

I would expect that the other sides Insurers will pay out the $25k whatever it is and move on.

karenkaren1

florida has a no-fault policy and under florida law, it requires every motorist to carry minimum 10k in PIP (which obv doesn't go far). other side handing out a mere 10k max for our totaled car. My lawyer advises the best way forward is to claim for the (HUGE) shortfall from our own policy and they will consequently sue the other driver (rather than us). After seeing the extensive damage tho on my car which is literally crumpled.... I am (as the previous poster said), feeling very thankful to have walked away!!

scrubbedexpat099

Thanks, did not realise it was No Fault now everything starts making sense.

So a case would only come into play if the injuries/lost wages exceed $10,000.

anotherlimey

Last time that happened to me the insurance company paid everything and then took legal action to retrieve the expenses from the other driver.

I didn't need to do anything.