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  1. #1
    Join Date
    Feb 2010

    Default Hit by Uninsured Driver

    I was hit by an uninsured driver in April of last year while stopped at a red light. My car was severely damaged; his SUV was totaled. I immediately called 911, and the police took down both our information and statements and gave me a "driver exchange of information" with pertinent information for both of us, although I had already copied down the other driver's info.

    I was driving a leased vehicle with valid insurance and a valid license. The other driver:

    a) Had expired temporary tags
    b) Was driving without insurance
    c) Presented an invalid insurance document (he had cancelled the day before)
    c) Lied to the police officer about the temporary tag (said he was on his way to collect his permanent tag, but the road where the accident occurred was not en route from either his home or workplace to the tag office)
    d) Lied to the police officer about having insurance
    e) Likely lied about the cause of the accident (he claimed his brakes failed, but they could be applied after the accident)

    The cops let him go with a warning, giving him the benefit of the doubt on both the tag story and the cause of the accident. He was, however, found 100% at fault for the accident, both by the police and by my insurance carrier. His insurance carrier never sent anyone out, since his policy was not in effect at the time of the accident.

    I paid my deductible and got my car fixed. I was then informed by his carrier about his lapsed coverage. They said they had not yet notified the state; as such, the officer was unable to detect this at the scene. Only after I called the officer repeatedly and provided copies of the letter from GEICO was the other driver cited for driving without insurance, as well as a few other violations stemming from the accident.

    I've been able to determine that his license is now suspended due to four unpaid tickets relating to this accident, as well as two unrelated ones. There apparently is also an arrest warrant for "failure to appear", but the police department is not even interested in sending someone over to his address to see if he still lives there, let alone attempt to actually track him down.

    I get the feeling that the police are generally disinterested in dealing with this crook, and that the warrants just mean "we might arrest him if we happen to come across him again". My insurance carrier's subrogation unit says they will probably have to close the file because they've been unable to locate him.

    The upside is that my insurance carrier did not increase my rates or drop me; they said I benefited from "accident forgiveness" because I'm a long-time customer and because I was not at fault. But I'm still out my deductible, and if I can't get that money back, I'd at least like to see the guy that hit me face some consequences for his actions. Not to mention that he could easily do the same thing again to someone else.

    Given the disinterest shown by the local PD, is there anything else I can do in this case?

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Hit by Uninsured Driver

    The guy appears to be a total deadbeat. I don't think it's worth your time and money to sue him in small claims court, as even if you can find him to serve him I doubt he will pay a judgment.

    Laws are different in each state.

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