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Answered 2015-07-15 18:53:01

regardless of whom is insured or not, the 'negligent' or liable party is responsible for the damage or 'to make whole' the injured (this means damage to vehicle as well) party........

i think the insured should pay since it was there fault

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You have 2 years to take him to small claims court to recover your damages.


There are many questions to be asked with this question. Are you saying an uninsured driver, driving a vehicle with no insurance? First of all you hope that the insured drivers insurance company accepts liability for the damage. If they don't then your only hope is to get a lawyer and take them to court. If you can't afford a lawyer then small claims court may be an option. For a bit of advise, don't drive uninsured.


I don't understand the question. You have no option to keep or give away coverages. This applies to uninsured motorist as well as any other coverage. Generally UM coverage is split limits and specify a limit per person and a limit per accident for bodily interest and another section that pays for physical damage for the vehicle. The claims adjustor will pay out the claims as they come in up to the limits on the policy.


Uninsured driversWhen I was hit by an uninsured motorist and it was their fault, my insurance company paid to fix my car. It's my understanding that they then sued the uninsured motorist for reimbursement. I was told that I could also file a small claims suit against the uninsured motorist for the deductible amount that I had to pay under my policy. So you have a choice; submit a claim to your company and then file a suit against the motorist to recoup your deductible, or don't file a claim with your company at all and go after the uninsured motorist in court for the complete amount. But chances are, if they can't afford insurance, then they won't be able to pay you either! If you only have liability coverage on your car, then taking them to court is obviously your only option. Keep in mind, most insurance companies require the uninsured driver to sign a statement that they have no insurance. If they don't sign, your insurance company will likely decline your claim and you will have to take the uninsured driver to court. Most insurance companies also offer an option to pay a little extra and you don't have to worry about that, your covered no matter what. So to be safe just add it to your policy.In the UK a body known as the Motor Insurer Bureau or MIB will meet the liability of an uninsured driver. You must make the claim against the uninsured river and you should notify the MIB. See the related link entitled "accident car insurance" for more details on how the MIB pays compensation.


In most insurance policies today part of the terms are an agreement by the insured to cooperate with the insurer. Cooperation requries the insured to participate and assign their rights to the insurance provider for claims the insured has against the original tortfeasor. In the event that the insurer pays a claim that was caused by a 3rd party, the insurance provider will requrie their insured to sign over subrogation rights. In the case of uninsured motorist coverage, the insurance provider's right of subrogation is created by statute.


Not at fault but uninsured Call the police in this case. Unfortunately this is a catch-22 because if you call the police your license is suspended for 1 year, if you don't it could be the drivers word against yours.


You can sue them in small claims court for your deserved money as long as you have proof of the damage. If you have Uninsured Motorist coverage, it will pay for the damage, minus any deductible.


Nebraska is a diminished value state, which means you may be entitled to the diminished value of your vehicle after an auto accident. The statute of limitation on diminished value claims in Nebraska is 4 years, and Nebraska does not have uninsured motorist coverage for diminished value. You can't submit a Nebraska diminished value claim if you were the at-fault party in an accident, or if the damage was caused by something other than a collision.Nebraska Statute Of Limitations: 4 YearsUninsured Motorist Coverage: NODiminished Value For At Fault Party: NO


who ever's name is on the note. you may have to take them to small claims court.


They must be added to the policy. If they are not added in a timely fashion, they will be uninsured and the company will deny any claims that are a result of their actions.


No. The primary insured MUST match who owns the vehicle, otherwise any claims made for that vehicle will most likely be denied.


Responsibility for Hit and Run DamageThe driver and the owner of the vehicle being driven are both jointly and separately responsible (liable) for the damage caused. Since it was a hit and run, I assume no coverage on their part. If you have Full coverage Insurance or at least uninsured motorists, then your policy will cover the loss. A police report is recommended.If you have uninsured motorist coverage included on your policy, it should cover this damage. It could depend upon on policy language and state law, your collision coverage will also cover your damages minus any applicable deductible. If covered through the uninsured motorists portion of your policy, in most U.S. states there is no deductible on uninsured motorists claims but this may vary depending on your local regulations and the policy options you chose when you purchased your Automobile Insurance.Deductibleswhile you can choose varying amounts for your deductible, which will influence your premium amount, the amount you pay toward your damages due to an uninsured motorist does NOT change, allowing you to influence your premium amount. Additionally, because it was paid under Uninsured Motorist coverage, it will be clear to any potential NEW carrier, that this was NOT an at fault accident. And to further complicate matters, with some insurance carriers, you could possibly be required to identify the hit-run driver in order to trigger the UM coverage. (license plate, year/make/model/color, etc. You may not have to have name, rank, & serial number.).More Information:This is a good question, particularly since it's such a frustrating thing. The best way to look at it is this: Your deductible has nothing to do with liability. Rather, your deductible relates to the rates you pay for insurance, and how much of the damages you are willing to absorb out-of-pocket. Your insurance carrier considers your deductible the amount you agreed to pay in any accident, regardless of fault and assuming your carrier is paying for damages to your vehicle. For instance, say you're sitting at a red light, and a drunk driver comes up behind you and rear ends your vehicle. Obviously, you're not at-fault for that; however, if you choose to go through your own insurance, you'll still be required to pay your deductible when you have your vehicle repaired. Unfortunately, unlike an accident in which the other driver is known, your insurance company can't go after a hit-and-run driver (this is called "subrogation," which most insurance companies are happy to pursue when they can because they want their money back, too). So, unless your insurance policy waives deductibles for hit-and-run accidents (which is rare), you'll be paying.Be careful about reporting this if the damage is minimal. Someone dented my truck overnight in a parking lot. I reported it to my insurance company, the repair was $526. I paid the $500 deductible, and they paid the $26. About 4.5 years later, I'm shopping for new insurance, and the insurance companies are adding about $130/6-months because of that 'accident'.EXACTLY.. (referring to the last post).. I was in a hit and run, my car was totaled. My own insurance company paid me $5,196 for my dead Honda Civic (RIP). But the pay out was from my collision insurance. SO... that claims record shows up when I try to shop around to other insurance companies... even though my carrier (GEICO) coded the accident as me being NOT at fault... the other companies don't care! They see your claims history, and their risk algorithms return higher rates! It's crap!Again, this is inevitably an insurance adjuster ploy. The only legitimate reason for which an adjuster may ask for such information is when an insured damages their own car and claims that the cause was another car which forced them off the road but did not actually strike their vehicle. (known in the trade as a "phantom" driver claim).In the UK - the driver of the vehicle which causes the hit and run and in turn his motor insurance. If however the driver cannot be found or is uninsured when found the Motor Insurer Bureau will meet your claims for vehicle damage and injury compensation. see the related link entitled "hit and run accident" for more details on how to recover compensation in the UK.The question is, 'who's responsible for hit and run damage?', The 'runner' would be responsible of course, but if they 'ran' chances are they may not be caught and thus made responsible for their actions. Hopefully the victim got a license plate (if that were possible and not just hit while parked and no one around to witness this accident) and this can be traced either thru their local law enforcement agency or their states DMV.If you have collision coverage you can file the claim, and have your vehicle repaired (subject to your deductible) your company will attempt to subrogate the guilty party, recouping your deductible and their payout (if information on fleeing vehicle is available).You do not say which state you are in, so I couldn't check that states requirements or coverage definitions directly, however I think it needs to be clarified that uninsured motorist coverage (in all but very few states that mandate UM also includes UMPD), will ONLY cover injuries and costs associated with the injury caused by a negligent uninsured driver. Uninsured motorist property damage coverage, is NOT a required, but rather optional coverage that (unfortunately), most people neither know about or have. Will cover the physcial damage to your vehicle caused by a negligent uninsured driver subject to the deductible. Most people however would not see the necessity of carrying UMPD if they have collision coverage. There is no deductible for uninsured motorist coverage.I have been in the insurance industry for 11 years now in the state of VA. I am aware that coverages in each state are different but uninsured and under-insured motorist typically doe includes BI and PD. On an insurance policy the uninsured motorist bodily injury and property damage is written at the same limits as the liability coverage on the policy. Lower uninsured/under-insured coverages can be requested if a form is signed stating that the insured does not want the limits to match. Also, uninsured motorist does come with a deductible depending on your state so the above statement that uninsured motorist coverage does not have a deductible is false. Most uninsured motorist claims are subject to a $200 deductible. Be cautioned when filing a uninsured/under-insured motorist claim as you may see the insurance company pay out a small amount under this coverage and then pin the rest under collision. This is when it becomes a problem of proving fault. Whenever a claim is paid out under collision it is considered at fault and it is like pulling teeth to prove otherwise to an insurance company. Take it from me, I have a hit while parked and $300 was paid under uninsured/under-insured motorist and $1400 was paid under collision and every insurance company is listing this as a chargeable at fault claim which holds a surcharge for 3 years on an insurance policy.Another view: At least in the US, "hit and run" is a term typically used in property damage claims. Further, it is use in the context of an individuals car being hit by an unknown person and the latter leaving the scene after causing the damage. The victim's car may have been occupied or not.If the victim is insured, he/she should be sure to get a police report to document the occurrence. Since such reports are made after the (the officer did not see the occurrence), the report serves the purpose of documenting the occurrence for later action. If the victim had physical damage coverage on the vehicle, this will be just about the only was to give any credence to the claim. All other things being equal, the insurer should pay for the reasonable cost of repair subject to the terms of the policy.If the vehicle that was hit was occupied and the occupant(s) sustained compensable injuries under the law of the jurisdiction, they may be entitled to recover under the uninsured motorist coverage of the policy. In such a case, they would have to prove the "value" of their injury in much the same way that they would in a third-party claim. Again, it is important that the occurrence be documented, including by a timely police report.


You'll need to file an accident report, then notify your insurer of the loss occurrence. If your have collision or uninsured motorist coverage on your policy, your insurer can handle it for you. Your insurance insurance company pays you, they would then seek subrogation from the at fault driver.


depends......first party claims, either to insured and shop...just the shop......insured and lien holder, or insured only if no lien holder is present..........second party claims....can be to the owner only (generally) if requested.......


The person who owns the vehicle that you hit will probably take you to small claims court for the difference. You will be given a payment schedule and time to pay. If you default on payment then that person can put a lien on your property.


Rush claims to be self insured.


Same as if it where 2 cars. The uninsured driver will be sited and then your insurance will pay for the repairs and try and collect from the uninsured driver, if you have uninsured or underinsured coverage, if not you can take the uninsured driver to small claims court.


not by the insuring company of the parked vehicle....they can only pay you under the coverages you purchased...(you state you only have liability coverage)........you can however ask for restitution from the courts of the negligent party (assuming he was charged with something this could be party of his probation to repay you, and could be the easiest most cost effective way for you to handle this-most citys or countys have a victim advocate)........or you can file a state report, and/or file a small claims action against the uninsured driver.......


If you are using it because your vehicle is in the shop for repairs, generally, yes. However, I would call my agent or the claims department to verify.


If you have Auto liability Insurance and you gave this person perrmission to drive, The Insurer will probably have to pay the bill for the accident. The company will then probably have to promptly cancel your insurance coverage for allowing an unsinsured unlicensed driver to operate your vehicle. Your next Auto Insurance Policy premium will take into account your claims history and charge accordingly.


I believe the correct answer for the UIM insurance is optional in most states and not a requirement. this is to cover damages to vehichle and person in the incident of a collision which is not ruled as your fault, when the other driver is at fualt. As for good advice it should be carried on all your policies to protect you from having claims against your normal insurance coverage in such cases where you are not at fault. In the state of Florida it might be a requiem since there are a large number of unisured motorist in existance there.


If the driver of the vehicle who crashed into you has insurance, you would file a claim with his or her insurance company, not your own, and this should not jeopardize your no claims bonus. However, if the driver is uninsured, and you elect to seek redress from your own company, this may jeopardize the bonus. Check with your agent to be sure: policies vary from company to company and sometimes from policy to policy.


leinholder must be included on the payment (if that is what you are asking), in ''first party'' claims.........they are an insured same as you under the policy............more reasons regarding this let me know if not sufficent


well i don't know are they? ''causing'' makes me thing you were the 'at fault' party, so if what you are asking is, the insured driver (you) were negliegent/at fault for the accident, but simply because the injured party was not insured do you still owe for their damage? yes you do, makes no difference if they were insured or not (now, they might have some trouble come up from this), if they were an innocent and you negligentthen you (your company) owe for their damage......some states may have statues that bar an uninsured driver/owner from recovery, so might check (you need to turn in the claim your adjuster will know) but I've never worked a claim in a state that had this (handled claims in around 15-20 different states i'd guess).


You will most likely have to pursue them through small claims court.



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