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  1. #1
    Join Date
    May 2013
    Location
    Topeka, Kansas, United States
    Posts
    1

    Question Uninsured and Hit by an Insured Driver

    My question involves an accident that occurred in the state of: Kansas

    My boyfriend and I were in my sisters car, the traffic light for the turning lane (trying to turn south) was green there were a line of cars trying to get into the parking lot. When the light turned Yellow i was stuck in the intersection (aprox. 6-10ft). The light turned green for the people traveling east and west, when the light turned yellow there were two vehicles coming from the west the one in front went through the yellow light, the light turned red and i started to make my turn, assuming that the truck in back was going to stop seeing how there was about 50 between him and the light when it turned. i was almost in the little side ramp to the parking lot when the 2nd truck ran the red light and hit the back passenger door but also the middle jam between the two doors.. We spun and were facing northwest.

    After the accident we pulled into the parking lot, i thought he called the police he called his wife to bring him his D.L. When he finally did call the police(i didnt have my cell phone) they said it would be awhile because we were number 7 on the list. I got ahold of my sis and her, my mom, browther-in-law and my younger sister showed up.
    At first he denied fault but when his wife showed up they talked for awhile and then he said that the light was yellow. He admitted that he knew he had hit us
    (infront of me and my 5 family members) but we argued as to the color of the light.

    After he admitted to hitting us he made the statement that "Kansas is a no fault state, so even if we wait for the police they wont determine who is at fault". he repeated that about 7x in 10mins. But even if that is so, that doesn't excuse him from paying the damages on the car does it? We once again called the dispatcher and at that point we were told there was an infant death and that there were no available units to send and that we should exchange information the best we could and make a police report in the morning and to contact any insurance companies.

    the next morning my sister and i went to make the report, i did get a ticket for driving with no proof of insurance. The police officer then checked to see if he had made a report which he had not. Then when we called his insurance company he had yet to make a claim. Later that day a man from insurance company called back and recorded what i told him had happened. The next day when the man called back, he said that their insured driver denies the light being red but infact that it was yellow, so they were not going to pay for the car, which is totaled. He wouldn't even send someone to look at the damage done to the car. Arent they suppose to send someone out to do and estimate on the car?

    My sister filed bankrupcty on the car about a year ago, and any attorney i have talked to once finding that out said that they would not take the case. One attorney did state that my sister does have a case and can sue the other driver for the damages done to her car, but we are uncertain as how to go about it. We dont know what we need to get started. Nor whether to sue for the blue book of the car or if we should sue for the remaining balance that is owed on the car which is about $19,000.
    Nor do we know if there is some sort of provision where he well have to pay our attorney fees or if we have to put that in the lawsuit as well.

  2. #2
    Join Date
    Sep 2010
    Posts
    9,858

    Default Re: Unisured and Hit by an Insured Driver

    Kansas's no fault applies to personal injury NOT vehicle damage
    Why would they look at the car when they assert they are not at fault? Why would they need an estimate on something they are not going to pay. If you obeyed the law and had your own insurance, they would likely go to bat for you. Since you didn't, you're on your own to prove that they are at fault.

    How much is left on the loan is ENTIRELY immaterial. You can only sue for what the car is worth. Note that if their is still a lien on the car (bankruptcy will eliminate your sister's responsibility for the loan but will NOT remove the lien) they will get paid first from the proceeds when the car is totalled. If the loan balance is GREATER than the value of the car, you rightfully get NOTHING.

  3. #3
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,276

    Default Re: Unisured and Hit by an Insured Driver

    you sue for the loss you incurred (ie value of car) plus punitive damages if desired (I don't see a win for punitive for a simple traffic accident but you can always ask - you may get a default judgment).

    lawyer's fees are generally the responsibility of the party who hires them ... unless a statue authorizes this to be recoverable. Not familiar with KS law so you'll have to search this out yourself.

    courts can use keely, edmonds, etc as a guide for car values ... an appraiser is nice too. I would not be inviting the opposing party over to look at the car ...

  4. #4
    Join Date
    Jan 2010
    Location
    North East
    Posts
    1,966

    Default Re: Unisured and Hit by an Insured Driver

    Quote Quoting Bryttany Mason
    View Post
    the next morning my sister and i went to make the report, i did get a ticket for driving with no proof of insurance.
    If you can't prove that you had insurance, you face a 3 year license suspension as well as a fine of not less then $300 nor more then $1,000 (KSA 8-285). As well as all court fines, DMV reinstatement fees, and any criminal penalties. Of course this is if this is your first conviction.

    Quote Quoting Bryttany Mason
    View Post
    The next day when the man called back, he said that their insured driver denies the light being red but infact that it was yellow, so they were not going to pay for the car, which is totaled. He wouldn't even send someone to look at the damage done to the car. Arent they suppose to send someone out to do and estimate on the car?
    Your insurance company is supposed to send an adjuster to take a look at your vehicle. But you were driving an uninsured vehicle, so you your basically SOL.

    Quote Quoting Bryttany Mason
    View Post
    My sister filed bankrupcty on the car about a year ago, and any attorney i have talked to once finding that out said that they would not take the case. One attorney did state that my sister does have a case and can sue the other driver for the damages done to her car, but we are uncertain as how to go about it. We dont know what we need to get started. Nor whether to sue for the blue book of the car or if we should sue for the remaining balance that is owed on the car which is about $19,000.
    Nor do we know if there is some sort of provision where he well have to pay our attorney fees or if we have to put that in the lawsuit as well.
    If you file a suit to recover any damages, you sue for the bluebook value. If your vehicle is worth $20,000, your finance company will get $19,000 leaving you with $1,000. If the vehicle is worth $12,000, the finance company gets it all and sues you for the remaining balance of $7,000.

    And to get the ball rolling for an attorney to start a law suit, you need to head to an attorney office with a checkbook, I'm sure he/she will have a pen for you to write the check.
    I'm not a lawyer, but I did stay at a Holiday Inn Express last night.......

  5. #5
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    74,795

    Default Re: Unisured and Hit by an Insured Driver

    Quote Quoting flyingron
    View Post
    If the loan balance is GREATER than the value of the car, you rightfully get NOTHING.
    Her sister, that is. This is her sister's car, and thus her sister's damages claim.

  6. #6
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    14,677

    Default Re: Uninsured and Hit by an Insured Driver

    What seems undisputed is he claims to have turned on a yellow light. You were in the process of making an illegal turn on red. The fact that you put yourself into that position intentionally is not a defense, but a reason to convict. You are not legally permitted to obstruct the intersection as you did.
    Dear Santa. For Xmas this year I want a fat bank account and a slim body. Please don't mix them up again.
    Why do stores in the US have so many undocumented shoppers?

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