Auto Insurance Question

[Tex-Stang11]

I don't know if this is the correct location for this post. If it's not please move accordingly.

Wife got in a wreck with her 2010 Electra. It was her fault but other motorist had no insurance. We have uninsured motorist coverage with a 500 dollar deductible. I am wondering if we are responsible for his car damage and health care even if he has no insurance?

Just needing some insight.

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[danny0441]

if it was her fault i would say yes your insurance will cover their tab as it was not their fault and your wife is liable

 

[jasonstang]

Yes, its called liability. You are liable to the other's vehicle if it's your fault.

 

[Monopoly]

I'm assuming u meant 2010 Elantra.

If the other driver has no insurance report that immediately. I dealt with a similar issue and didn't report it soon enough.

Doesn't matter who's at fault in this case. I'd of called the police at the scene of the accident. It's illegal to not have insurance! He would of received a large fine and would of had to pay for everything.

 

[jasonstang]

If the other driver has no insurance report that immediately. I dealt with a similar issue and didn't report it soon enough.

Doesn't matter who's at fault in this case. I'd of called the police at the scene of the accident. It's illegal to not have insurance! He would of received a large fine and would of had to pay for everything.

Well, the person would get a ticket for driving without insurance but the person who is at fault would still have to pay for the other person's damage.

 

[Tex-Stang11]

Thanks for the reply. I was asking more about the lack of auto insurance, does he still get my money even though he is driving illegally. Looked it up, in Texas, some estimate 30% of drivers are driving without insurance... its getting out of hand.

I heard from our insurance that in some states, if you don't have insurance and someone hits you, you don't get paid because you are driving without insurance. The "pay to play" aspect.

We will see how this goes. At least it was not the mustang.

 

[jasonstang]

Thanks for the reply. I was asking more about the lack of auto insurance, does he still get my money even though he is driving illegally. Looked it up, in Texas, some estimate 30% of drivers are driving without insurance... its getting out of hand.

I heard from our insurance that in some states, if you don't have insurance and someone hits you, you don't get paid because you are driving without insurance. The "pay to play" aspect.

We will see how this goes. At least it was not the mustang.

I would imagine the at fault party will have to pay regardless if the other party is insured or not.

 

[Tex-Stang11]

According to http://www.carinsurance.com/kb/no-pay-no-play-states.aspx

Alaska
California
Indiana
Iowa
Kansas
Louisiana
Michigan
Missouri
New Jersey
North Dakota
Oregon

States above have some form of pay to play car insurance policies. I'm no expert, just googled it.

 

[Agent_S550]

Thanks for the reply. I was asking more about the lack of auto insurance, does he still get my money even though he is driving illegally. Looked it up, in Texas, some estimate 30% of drivers are driving without insurance... its getting out of hand.

I heard from our insurance that in some states, if you don't have insurance and someone hits you, you don't get paid because you are driving without insurance. The "pay to play" aspect.

We will see how this goes. At least it was not the mustang.

You are correct. In South Carolina, if you don't have car insurance the vehicle is not registered correctly and technically illegally operating. Therefore it's a sort of null and void situation. It's no different than if two insuranceless people hit each other. He operated out of the scope of legality and gets dinged for it.

 

[MrBoogie]

No pay, no play laws generally just exclude payments for things like pain and suffering, mental anguish, lost wages, etc. Any real monetary damages arising from bodily injury and property damage liability are still payable. Liability means just that; one party is liable for damages.

As to the other driver being uninsured, the difference basically comes down to criminal vs civil law. Driving without insurance is a criminal offense. If you were to reverse the scenario and assume the uninsured driver was at fault, your insurance company would likely sue the other driver to recover damages. That would be a civil case.

 

[Tex-Stang11]

Thanks everyone

 

[soldier989]

GF was maneuvering around a broke down car on a 2 lane road. To her left was a left turn lane that was starting. A lady behind her got in the turn lane and accelerated enough to hit the side of my GFs car as she started around the broke down car. I was not in the vehicle to know it she turned In front of this person or not, but from the look and spot of the hit, it looked like this person should have been cited with a failure to control ticket.

Here's the best part of this:
1. The lady was an undocumented immigrants. No green card, no license.
2. It was not her car
3. The car was uninsured
4. Didn't speak English

So by any meansshe did not belong on the road whatsoever and should. It have been there to have an accident with.

Cops couldn't make sense of her story and the damage wasn't super clear to show who's fault it was. So nobody was cited. The only thing that happened was their car impounded and the lady was sentenced to court for driving without a license. One would think that no matter what, this person should not have been on the road, and it was instantly their fault for the accident. But that's not the case.

I looked the court case up for them driving without a license, and nothing happened. Just a $175 fine.

 

[jasonstang]

Oh wow. You know I rear ended a van in my Jeep when the car in front of the van slammed on her brakes.
Turned out to be a mexican guy barely spoke english. We did exchanged insurance and took pictures but he never followed up.

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