in most states it's up to you to pursue the charges but it's your car and unless she is not on your insurance then it's your fault but some companies will default the tech stuff they're just money hungry anyways
First of all, you should consider a lawsuit ONLY if there were injuries or extensive vehicular damage that isn't covered by your policy's underinsured or uninsured motorist coverage. This is the type of situation that underinsured or uninsured motorist coverage is for, so it should take care of it. If your case is a valid one (you aren't just trying to get a big cash settlement), I think you can still pursue it. The incident happened in your state and regardless of current residency, she will have to deal with it (e.g., if you get a ticket in another state you still have to respond). Also , in general, you don't have to be in the same state as the potential defendant to file a lawsuit.
No. Uninsured motorist coverage protects the owner of the vehicle which is damaged due to the actions of an uninsured driver of another vehicle (or damage caused by a hit-and-run driver). I think what you are asking is known as a 'permissive' driver - someone who was driving another person's vehicle with the owner's permission, but who is not actually named on the policy. The answer to this is 'probably' depending on the insurance company and the provisions of the policy itself, but if provided for would cover them like they were a named insured on the policy.
this is tricky, dependant on the state laws...you are driving an uninsured vehicle, you have insurance on another vehicle of your own, you get into an accident that is your fault...the owner of the vehicle is a passenger in the car and is injured...your policy should step in and cover this uninsured vehicle (assuming you have collision coverage on your policy) you chose to drive, (doesn't matter you didn't know it was uninsured) and if your neglience resulted in this passengers injuries your policy will likely pay for their injury subject to any exclusion in the policy.....sorry.....
If you are hit by an Uninsured Driver you should take the following actions- Contact the police, get information from and on any witnesses that saw the accident and get photographs of the vehicles and the accident scene. Another important step to take beforehand of the accident is to make sure you have Uninsured Motorist Insurance on your Car Policy.
How is the driver uninsured? If he had permission from the insured vehicle owner to drive? There are policy exclusion that apply but most generally that person is considered as an insured driver. I will assume (for the purpose of answering your question) by uninsured driver you mean they have no policy of their own. Are you asking if weather conditons contributed to the accident (say wet/slick road) and they slid into another vehicle is the insurance on the car responsible for the damage to the vehicle they slid into? Yes, probably. Insurance stays with the car. If you could provide more detailed information regarding the driver, and facts of loss, I could be of more assistance to you.
If there was another vehicle involved and the accident was that driver's fault you can file a claim through their insurance. Otherwise, the only other place to go is through your insurance. You can use your medical coverage (if you have it) and you should have "uninsured motorist bodily injury" coverage that you can use.
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