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View Full Version : Question for the police officers- lady who hit my car



RR|Suki
04-13-2006, 02:36 PM
Ok so the lady who hit my car has no insurance, she told the police that she had state farm, and even had a stub... State Farm says she has no insurance (could have let it expire). Now I have to pay out of pocket for the deductable... the towing and so on... If I was to call the local PD and tell em what happened do you think they would care? I know I can deal with it civil law, but I don't think it's right for her to get off with no ticket nothing after hitting my car enough to send the wheels out of alignment... This has to be under filling a false report or something right?:confused:

fastblackmerc
04-13-2006, 03:06 PM
I believe your insurance company can go after her for the deductable +. In fact I'd "ask" them to persue it. You are most likely paying for "uninsured mororist coverage" on your policy. Don't know what the police could do unless they inforce the law that requires insurance to drive a car.....

Marauder2005
04-13-2006, 03:25 PM
Sounds like a civil matter to me

GarageMahal
04-13-2006, 03:52 PM
Having auto insurance is required here if MN. If it is required where the incident happend, I would definately tell the police that she does not have insurance.

You may want to check with her first and see if she will just pay your expenses, not likely to get her to pay but letting her know that you are planning to inform the police may sway her decision.

I would probably just tell the cops if I was in this situation.

jta

jgc61sr2002
04-13-2006, 03:57 PM
Apprently she had a valid ins. card. No futher action( IMO )will be taken by the Police.


Was you Marauder parked?

BigGuyBigCar
04-13-2006, 03:58 PM
Not an LEO, but from a table I looked up, Michigan state law requires liability insurance. Your insurance company should be willing to pursue her for the $$$. And reporting her to police may get her license suspended. Or more.

SergntMac
04-13-2006, 04:06 PM
Call Judge Judy? She's getting tired of domestic squabbles.

Love to see you and your Marauder, on TV, A.J.

DEFYANT
04-13-2006, 09:25 PM
Driving w/o insureance in MD is an arrestable offence. To bad no arrest was made. Like what was said above, you pay for it already in your insurance under the "Uninsured motorist" provision. So let your insurance company fight it out. If they buck you, go after the driver of the other car in a civil case.

03SILVERSTREAK
04-13-2006, 09:33 PM
In NYC Auto Accidents usually require a computer check to verify License , Reg , and Ins status. if she showed her Ins card and computer check showed it to be expired , she would receive a summons for un-insured vehicle. it becomes a civil court matter then.

LCSO34
04-13-2006, 09:57 PM
YOU could go down and press charges on her for driving with out insurance, at least you could here in MS. Think of it this way a traffic citation is really an affidavit. Many times I have worked a wreck, where for example someone ran a redlight. I didn't see it happen but the other person who was involved probaly did. They can sign charges (ticket), they, just as you, would have to be able to prove your case in court. I would talk to your insurance first though.

Wagonmaster
04-13-2006, 10:25 PM
Ok so the lady who hit my car has no insurance, she told the police that she had state farm, and even had a stub... State Farm says she has no insurance (could have let it expire). Now I have to pay out of pocket for the deductable... the towing and so on... If I was to call the local PD and tell em what happened do you think they would care? I know I can deal with it civil law, but I don't think it's right for her to get off with no ticket nothing after hitting my car enough to send the wheels out of alignment... This has to be under filling a false report or something right?:confused:


Hello, LEO in Washington State chiming in here. (Your State may vary) In Washington State vehicle liability insurance, at a minimum is required, however it is a civil infraction if you do not have proof of insurance ($538.00) Thus the gal who swapped paint with you would be subject to the said civil fine. If you call your local PD and file a complaint they could send her a summons via the mail. Furthermore, in Washington you are required to exchange VALID proof of insurance (key word, valid) with the other driver when involved in an accident. If someone provides fraudulant proof of insurance (ie. Grossly expired card and/or knowledge that she did not truly have unsurance at the time of the accident) then it is presumed fraudulant, thus she has committed a gross misdemeanor for providing false insurance info. Again, contact your local PD to see if your State has this law.

In addition, the State of Washington can now suspend her driving privileges for failure to provide proof of valid insurance. If you pursue her in court then a Judge can order a civil settlement. If she fails to pay then she is looking at contempt of court and jail time. Lastly, YOUR insurance company can pay for the damages through "Uninsured Motorist" then go after her via a collection agency which can in turn garnish her wages.

Personally I would agressively pursue her, as I am tired of paying for high insurance premiums due to losers like her. Besides, you should feel obligated to avenge your Marauder, she would do it for you!

GT

starion
04-13-2006, 10:32 PM
I used to live in MN and driving wo insurance was kind of a big deal(I got busted for it once and lost my license) but now I am in CA, and I have heard that only about 30% of drivers here carry insurance, and the police really don't do anything about it. So, what I am saying is that it varies widely from state to state. If it happened to me here, it would not even be worth my time to pursue. You need some state specific info for this one. Either way, it sucks, and I feel for you.

94_302
04-14-2006, 05:43 AM
Is she getting charged with hit and run? I thought you mentioned in the other thread that she hit it then drover to her bf's place and called the cops from there. Call her up and let her know your course of action with the police, if she seems uncooperative.

seans
04-14-2006, 06:31 AM
I would call the investigating officer from your accident and try to file a complaint with him. Here in CT the enforcement action I would take would depend on whether or not she is the vehicle owner. If she was driving someone elses car it would be a mail in infraction. If she is the vehicle owner she would receive a misdemeanor summons which has a mandatory court appearance attached.

I would also call your Dept. of Motor Vehicles office. Here in CT they will suspend her vehicle registration if she doesn't have insurance. Good Luck.

SID210SA
04-14-2006, 10:15 AM
I am not sure about all of Texas but at least in San Antonio if you are caught with out insurance you get and ticket, your car gets impounded untill you get insurance and you get a ride home.

BLACKMARAUDER04
04-14-2006, 10:59 AM
Ok so the lady who hit my car has no insurance, she told the police that she had state farm, and even had a stub... State Farm says she has no insurance (could have let it expire). Now I have to pay out of pocket for the deductable... the towing and so on... If I was to call the local PD and tell em what happened do you think they would care? I know I can deal with it civil law, but I don't think it's right for her to get off with no ticket nothing after hitting my car enough to send the wheels out of alignment... This has to be under filling a false report or something right?:confused:Do you have uninsured motorist deductable waiver?

RR|Suki
04-14-2006, 11:44 AM
So here is where it's strange. There is no police report for private property in MI apparently. So the officer didn't run her info, she just copied it to a piece of paper for me. So after calling State Farm everyday they are finally gonna calll the Agent who is/was this ladies agent to see what is really goin on with her policy... They are supposed to call me back today (Friday) to let me know what's up. I am steamed mostly because it's been a WEEK!!! and a claims agent hasent even looked at my car yet :mad:

STLR FN
04-14-2006, 02:06 PM
This is just me but I'd be breakin out the whoopin stick on somebody. Almost got to do it today. Some idiot decides he wants to make a left turn from the right lane at a 4 way intersection, only problem is my wife was occupying the correct left turn lane. Needless to say that SOB is lucky. She stopped and he proceeded w/o a clue as to what he did.

Warpath
04-14-2006, 09:17 PM
You can take her to small claims court if you can't get the insurance thing worked out. Small claims is limited to $3k IIRC in MI. There's no cost IIRC. If she doesn't have the money to pay insurance, she likely doesn't have the money to pay your deductible. I guess that means she'll end up having to be your butler (butleress?). :)

RR|Suki
04-15-2006, 07:26 AM
You can take her to small claims court if you can't get the insurance thing worked out. Small claims is limited to $3k IIRC in MI. There's no cost IIRC. If she doesn't have the money to pay insurance, she likely doesn't have the money to pay your deductible. I guess that means she'll end up having to be your butler (butleress?). :)

I know all the small claims procedures and rules and such, and I know goin to court would be a waste of my time. I was just curious as to how a cop would react or care about being given blatant false info like that. I personally hate liars, which is why I would probably not make a good cop. I can't tolerate some people sometimes

paul hersom
04-15-2006, 10:08 AM
A lot of good info in above responses. State requiremnents take precedence
and most insurance co's firstly need to know definitively who was at fault.
Investigating officer's report /witnesses(unbiased) should be sufficient.
Secondly, being able to put that fault on another identifyable person will generally mean your deuctible will be waived. (after investigation and ins co
processing etc). If other party has valid ins your co will subbrogate the loss
through their ins co. If they had no valid ins. as mentioned above they could
be in for a world of hurt with citations, fines, loss of license etc. but that gets
coordinated between the "RMV" , police/court and ins co. In most states that
have minimum ins laws there are provisions to pay "victims" from a general
fund especially when bodily injury has occurred