Rearended by bimbo w/ no ins, What now?

450EXC · Mar 6, 2007

An employee of mine driving a company van was stopped at a light when she plowed into the back of him on a snow covered road. She has no insurance. Police were called and did a report and gave her tickets.

Only minor damage to the van - bent bumper, cracked plastic, minor dents.

I could go through my insuance company but they might raise my rates. I could just eat it and pay myself. But I would really like to try and get her to pay instead of getting away with it.

Anyone ever gone after someone like this before ? Small claims court ? Garnish her wages ?

MikePA · Mar 6, 2007

Let your insurance company go after her.

DieselPower · Mar 6, 2007

I agree, let the insurance company handle it. I'm sure they are very familiar with how to deal with no insurance people.

Phils · Mar 6, 2007

I agree... file the claim. State's laws differ but YOUR rates shouldn't change because your vehicle was hit by an uninsured at-fault driver. In CA I guarantee they wouldn't but I'm not licensed in NY.

The insurance company will attempt to recover the loss from her but usually don't get very far.

Phil

Kendall69 · Mar 6, 2007

I always keep the insurance company out of it. My deductible is usually more than the damage anyway.

But the one problem I do see where you must contact the insurance company ASAP, is you had an employee involved. The employee can claim back problems down the road so you need to be covered. You insurance company will probably make her sign a release, to cover your butt.

If you don't claim it now and the employee starts making trouble later, the insurance company could deny all claims because you didn't inform them when it happened.

cp1969 · Mar 6, 2007

There is only one way to get rid of uninsured drivers...pay at the pump insurance. You buy gas for your car, you bought insurance at the same time.

Otherwise, a large (and growing) percentage of drivers simply opt out of buying insurance and there aren't enough law enforcement folks to catch them.

shvl73 · Mar 6, 2007

I agree w/ the others saying notify your insurance co. In NH your insurance company goes after the uninsured to cover their financial loss and petitions the state to revoke their license if restitution is not made. Its not perfect, as people will drive w/o a license but, its better than nothing. I actually had this happen to me back around '93. I was out the deductible until the other driver paid up. I got the deductible back.

frank_f15 · Mar 6, 2007

LET your insurance co. handel it, i live in NY also and aren't you insured for UNINSURED DRIVERS?

tallyho8 · Mar 6, 2007

In Louisiana we have "Uninsured Motorists Insurance" in addition to our Liability, Comprehensive and Collision. The Uninsured Motorists Insurance pays for all damages by an uninsured motorist. This insurance costs more than liability insurance here due to the number of uninsured motorists we have but it is the most important insurance for me and I keep at least $300,000 minumum because this is the insurance that protects YOU, not the other person. They can not raise your rates for claims against Uninsured Motorists Insurance because you are not at fault.