review your uninsured coverage and wear your seatbelt

[mamagoose]

We don't handle many vehicle accident/insurance claims at the attorney office where I work, but just got a new one in and it doesn't look good for the victim. These types of cases are heart-wrenching.

The female victim (a tall mid-age lady) was driving her jeep when another car (male driver) went left of center and hit her head on at around 50mph. She was trapped in the jeep. One of her legs was mangled and she will probably need hip replacement even. Also a broken collar bone.

The patrol came to interview her in the hospital where she had been lifeflighted. She answered no to wearing a seatbelt. Now the insurance company (of the other vehicle) wants a hearing on the issue of no seatbelt. There is a seatbelt law in Ohio. The male driver did not have a license and was driving a girlfriend's car (with whom he was living with). He may have had a work permit, I do not know at this time. There was no alcohol involved.

The insurance company is trying to say the man didn't have permission to drive the vehicle to begin with so they don't want to pay at all. The victim's uninsured coverage may not be near enough, but they do have health coverage.

Check your uninsured and medical coverages. It's probably not enough if you don't have health insurance. The victim's bill will be high 6 figures. She will never get a dime out of the man who caused the accident. She will always have medical problems and deserves expert care.

I always wear my seatbelt and encourage use, but a seatbelt probably would not have prevented her mangled leg.

This couple was just working hard for the American dream, she was running a small business her father started and retired from, he is a security office at the tech college and they were raising their little boy. She is fortunate to have survived the crash.

They could end up with medical bills they can't possiblity afford to pay on top of a forever broken daughter, mother and wife. At the very least, they have all this litigation to tend with in a time when that's not what they need.

Check your documents and think again about that seatbelt.

mamagoose

[Peace n Quiet]

Thanks for your post - it's an eye opener.
I almost never wear my seatbelt. Think I'll start today.

[Sonshe]

Some of what you mention happened to my husband except he was driving his motorcycle.

He was killed when a young man swerved into his lane and hit him almost head on. This young man had taken an overdose of a prescription pain killer and was almost incapacitated when it came to his ability to drive, was driving a rental car he had no autorization to drive and, of course, did not have any insurance. Plus he had a long history of minor run-ins with the law.

Long story short, the insurance company for the rental agency was not liable since he had gotten the car fraudently (don't ask!). Since he had no insurance, there was nothing except what we could claim on our own insurance. This young man did get 1-3 years of which he spent one of those years in jail.

It took 8 long years to settle what little I got. Since I'm not able to work, let's just say that my lifestyle changed drastically -- and not for the better. Had to sell my horse and other animals and move to a very small place. I still struggle to make ends meet.

From what the news said the other day on TV, there's a lot of drivers out there driving without insurance. You could be one of those misfortunate enough to be hit by them and then what?

[tab]

If she was sedated or had any pain meds when answering the questions her answers may be invalid. That I'm sure will be part of the litigation. I wish there were stiffer penalties for driving w/o a license or insurance. The numbers of those that drive that way are truly staggering. That leaves the rest of us to foot the bills, bleah.

[arabian knight]

From what the news said the other day on TV, there's a lot of drivers out there driving without insurance. You could be one of those misfortunate enough to be hit by them and then what?

That is why you should also have the uninsured covered as well on your policy. I have never been without that covered on my policy for many years now. And I don't care if I only go a couple of miles my Seatbelt is ON me~! period.

[halfpint]

Originally Posted by arabian knight

That is why you should also have the uninsured covered as well on your policy. I have never been without that covered on my policy for many years now. And I don't care if I only go a couple of miles my Seatbelt is ON me~! period.

Our state requires insurance, plus uninsured/underinsured coverage, but still there are a lot of people out there without insurance. However, I think the minimum insurance you are required to carry is about $20,000, which isn't a drop in the bucket. My son's first few hours in ER cost more than that. We carry $100K uninsured motorist on each vehicle, and have considered raising that. Another thing to consider to protect yourself is a wrap around policy of about 1million. Ours is less than 200 per year, and covers 4 drivers (2 youth), as well as anything that happens on our property. When we added the wrap around policy, we were able to reduce our limits on some of the auto and home policy, and it nearly paid for itself.

States laws vary greatly, but we've found that in AL your uninsured coverage can be stacked for up to three vehicles for one accident. It also covers you as a pedestrian if you are insured on a vehicle. So if I have three vehicles with $100k in uninsured coverage on each and am in an accident or walking and hit by an un/underinsured driver, I actually have $300k of uninsured coverage. According to our lawyer, Alabama is one of the few states that does this.

Another thing to watch out for is how long you have to file a lawsuit. In Alabama, you must file within 2 years of the incident. Unfortunately many people do not realize that, and try to deal with an insurance company on their own until it is too late. This is what my son's lawyer thinks the drivers insurance company was trying to do with him, as they kept stringing him out and asking for more information - much of it irrelevant to the accident, hoping that the two years would pass and then they would not have to pay anything.
Dawn

[HermitJohn]

You are never going to force everybody to carry insurance and shouldnt. Want to protect yourself drive safest vehicle you can find/afford and get uninsured/underinsured policy and make sure you carry enough coverage on your own vehicle. Usually insurance companies limit uninsured/underinsured coverage to the limits on your own policy. It really doesnt cost that much morre to up the limits on your policy greatly. $20k anymore wont even cover property damage on modern car. It sure isnt going to provide much medical treatment. If you own any assets or equity in a home, it will be fair game in lawsuit.

[Riverdale]

Originally Posted by HermitJohn

You are never going to force everybody to carry insurance and shouldnt.

Insurance is mandatory in Michigan. If you can't find your binder (even if you have insurance in place) you not only get a ticket, but must pay a 'driver responsibility fee' of $200 per year for 2 years, or have your liscence suspended.

[arabian knight]

Originally Posted by Riverdale

Insurance is mandatory in Michigan. If you can't find your binder (even if you have insurance in place) you not only get a ticket, but must pay a 'driver responsibility fee' of $200 per year for 2 years, or have your license suspended.

And in AZ. you MUST SHOW "Prove Of Insurance" before even getting the tags for your vehicle~!

[Common Tator]

Originally Posted by HermitJohn

You are never going to force everybody to carry insurance and shouldnt. Want to protect yourself drive safest vehicle you can find/afford and get uninsured/underinsured policy and make sure you carry enough coverage on your own vehicle. Usually insurance companies limit uninsured/underinsured coverage to the limits on your own policy. It really doesnt cost that much morre to up the limits on your policy greatly. $20k anymore wont even cover property damage on modern car. It sure isnt going to provide much medical treatment. If you own any assets or equity in a home, it will be fair game in lawsuit.

In California you can't register your car without proof of insurance.

[Beeman]

Definitely food for thought. Doesn't real matter but what side is your firm representing?
Funny how you buy insurance and then it doesn't cover everything or their insurance can beat up your insurance so you get stuck with the bill.

Here in TN auto ins. has recently become mandatory. You can get a ticket for not having it but it is not required to obtain license plates. Actually you have to get a plate first before you can get insurance.

[coalroadcabin]

so, if the bum's girl friend didn't give permission for him to drive the car did he get charged with auto theft? If not, then I'd be asking the sherrif's department why.

Putting the idiot behind bars won't help pay for this poor lady's medical bills but if I were her it would give me a great deal of satisfaction to see him in the pokey.

[edzz]

In Florida there are companies that will sell you auto insurance that you pay for weekly. You go make the weekly payment get your insurance card, go get the license plate and not make any more of the 51 payments that your owe. Next year do the same thing at a new agency. Works like a champ.

[TomK]

Originally Posted by edzz

In Florida there are companies that will sell you auto insurance that you pay for weekly. You go make the weekly payment get your insurance card, go get the license plate and not make any more of the 51 payments that your owe. Next year do the same thing at a new agency. Works like a champ.

Yup! happens everywhere.. alot easier with online insurance like geico and such and then next year just photo shop last years copy into this years date and bingo you have ins proof for license plates

[Tricky Grama]

Originally Posted by arabian knight

That is why you should also have the uninsured covered as well on your policy. I have never been without that covered on my policy for many years now. And I don't care if I only go a couple of miles my Seatbelt is ON me~! period.

Yup-me too! Ask any ER doc or RN-"Wear your seatbelt"!!

Patty

[Lazy J]

We have the MAXIMUM level of under/uninsured motorist coverage on all of our vehicles. It is cheap insurance for what the potential loss may be if you have an accident with one of those scum bags!

[ldc]

As edzz said above about people buying insurance for a week, then canceling the next 51...here in Louisiana, people are stuck paying for the 1st month, then cancel the following 11. There is 'sposed to be 45% uninsured here...ldc

[WeaverRose]

I'm waiting for my car to be fixed (estimated $1500 damage) after a kid who was driving a borrowed truck, with three mattresses in the back, lost one of the mattresses which came sailing across two lanes to hit me. Fortunately I always wear my seatbelt. The deputy made sure the kid, and the lady he borrowed the truck from (she apparently was representing the actual owner of the truck) knew it was their fault, and her insurance should be paying, and she is responsible for filing the claim. Yeah, right. All she's doing is stalling, saying the kid's insurance should pay. Round and round. We'll probably just pay the deductible on our end and let our insurance company try to get $$$ from them, but no one is thinking much of that scenario. You have to have proof of insurance here too, but people sure work the system to get around it.

[MushCreek]

I always wear a seat belt. I can't even move the car in the driveway without buckling up- it's that ingrained. I was T-boned in a bad wreck- I got hit at 45 mph by a driver that passed out at the wheel- some kind of medical problem. My little Escort was bent in half- the passenger side door hit me in the hip! They insisted on rushing me to the hospital; they said that from the condition of the car, I was definitely injured. No injuries found- save some ugly bruises from the seat belt and shoulder belt. The seat belt definitely saved my hide. I've been in two major wrecks that totaled the car- neither my fault. Both of them were uninsured drivers!

[Dave]

Driving, or riding in a vehicle without a seatbelt is just dumb and irresponsible.