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My car was hit by Uninsured driver


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#1 law_abiding

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Posted 27 October 2012 - 06:11 AM

I live in Nebraska, my car was parked outside my home when it was hit by an uninsured driver. The cops were called and an accident report was written up. The person that hit my car doesn't have insurance and was only ticketed for no proof of insurance. I'm am extremely upset w/the fact she was not ticket for wreck less driving as well!

How is the law protecting me when she was clearly at fault and only given a measly couple hundred dollar ticket!! While my car can not be driven (she bent the front wheel axel), her car is dented but still very much drive able!
I have to turn a claim into my insurance, pay my deductible, deal with not having a vehicle, while she will continue drive around carelessly without insurance (she has been uninsured since last may).

Is there anything I can do to attempt to change how the law basically doesnt punish uninsured motorists? Those of us law abiding, insured citizens should not have to continue paying for those that don't feel they need to follow the law!

Any advice would be greatly appreciated!
Thank You!

#2 adjusterjack

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Posted 27 October 2012 - 09:22 AM

I'm am extremely upset w/the fact she was not ticket for wreck less driving as well!


Wasn't "wreck less." Your car was wrecked.


How is the law protecting me


It isn't. The "law" doesn't "protect" you from anything. It just cleans up the mess afterwards. Insurance is what "protects" you.




while she will continue drive around carelessly without insurance (she has been uninsured since last may).



Maybe not.

She'll be fined. Possibly lose her license or registration for a while until she gets insurance which is likely to be a lot more expensive than it would have been.


Is there anything I can do to attempt to change how the law basically doesnt punish uninsured motorists?



Sure. You can lobby your legislators to change it.


Those of us law abiding, insured citizens should not have to continue paying for those that don't feel they need to follow the law!



True.

But I don't see that changing much.

No matter how strict the laws are or how draconian the punishment, people will still continue to break them.

Warning: Legal issues are complicated. Explanations and comments here are simplified and might not fully explain the ramifications of your particular issue. I am not a lawyer. I do not give legal advice. I make comments based on my knowledge and experience. I guarantee nothing. If you act on my comments without the advice of an attorney, you do so at your own risk.


#3 pg1067

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Posted 29 October 2012 - 07:25 AM

I'm am extremely upset w/the fact she was not ticket for wreck less driving as well!


First, why would you care in the slightest about this? Second, how do you know she was driving recklessly?


How is the law protecting me when she was clearly at fault and only given a measly couple hundred dollar ticket!


This question is a little silly. What exactly do you want "the law" to do for you? I would think you'd be far more concerned about getting the damage to your vehicle repaired. Since you obviously have insurance, your insurance should pay to repair the damage, less the cost of your deductable. You are also free to sue the other driver for the damage. Even if the driver had been cited for reckless driving, it wouldn't "protect" or be of any benefit whatsoever to you.


While my car can not be driven (she bent the front wheel axel), her car is dented but still very much drive able!


So?


I have to turn a claim into my insurance, pay my deductible, deal with not having a vehicle, while she will continue drive around carelessly without insurance (she has been uninsured since last may).


I have to wonder how you know about this person's insured status. In any event, you're certainly free to report any incident of uninsured driving to the police (as is the case for any suspected crime).


Is there anything I can do to attempt to change how the law basically doesnt punish uninsured motorists?


It doesn't? What do you think the ticket is if not punishment? And the person's driver's license almost certainly will be suspended. And, when this person does seek to obtain auto insurance, it will cost a lot more than it costs you. All those things seem like punishment to me, but you're obviously free to lobby your elected representatives to change the laws in any way you like (did you really not know that?).


Those of us law abiding, insured citizens should not have to continue paying for those that don't feel they need to follow the law!


I think you seem to be deluded about what laws can and cannot do. I assume you're aware that murder is a crime and that, in Nebraska (and many other states), murder can be punished by death. Nevertheless, people still kill other people. Right? In an ideal world, the existence of a law that prohibits something would result in no one ever doing that which is prohibited. In the real world, however, people will always break laws, and that cannot be prevented before-the-fact. All we can do is punish those who break the law and provide recourse for those who are harmed. Both of those things already exist.

#4 FindLaw_Amir

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Posted 29 October 2012 - 07:44 AM

. Is there anything I can do to attempt to change how the law basically doesnt punish uninsured motorists?


You may want to contact your local state representatives to address your concerns regarding this subject matter.
FindLaw's Legal Heads-Up! newsletter can provide you with the legal resources you need to make informed decisions when law touches aspects of your everyday life.

#5 blevie

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Posted 01 November 2012 - 04:19 PM

Thats why u have uninsured motorist on your policy! Get your car repaired, and be happy.

#6 adjusterjack

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Posted 01 November 2012 - 05:26 PM

Thats why u have uninsured motorist on your policy! Get your car repaired, and be happy.


You need a better understanding of how car insurance works.

Uninsured Motorists coverage covers you for injuries caused by an uninsured driver.

Uninsured Motorists coverage does nothing for the poster since he was not in his car when it was hit.

Comprehensive and collision covers loss or damage to the vehicle itself.

Read your own policy and learn what's in it or you could be destined for an unpleasant surprise some day.

Warning: Legal issues are complicated. Explanations and comments here are simplified and might not fully explain the ramifications of your particular issue. I am not a lawyer. I do not give legal advice. I make comments based on my knowledge and experience. I guarantee nothing. If you act on my comments without the advice of an attorney, you do so at your own risk.


#7 DowntownLALaw

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Posted 06 December 2012 - 12:43 PM

If/When the driver is summoned to court, they will be required to show proof of insurance. If they fail to do so, the fine will be quite large.
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