How Can This Be (1 Viewer)

[John Dirk]

I was leaving a meeting I attended at an area hospital yesterday when someone smashed into my stationary car from the rear with me in the drivers seat waiting to turn out into traffic. This is my 2015 Hyundai Genesis 5.0 and I had mailed the final payment less than a month ago. After making sure the young lady who hit me was OK I called the Police and we waited for them to arrive. When the Officer did arrive he interviewed each of us privately and then returned to me to notify me that this woman was driving uninsured.

He said "had the accident happened a few feet ahead [on the public street] she would have been cited and taken to jail" but since it happened on hospital [private property] grounds he couldn't even cite her for having no insurance.

My rear bumper is completely destroyed and will have to be replaced. Who knows what else might be damaged on my vehicle and I had to visit a Dr for my pain and stiffness around my neck earlier today.

Of course I'm just venting but how is it someone can hit my car and I am now stuck with paying my insurance deductible for the repairs along with a likely rate increase when I renew, while they go completely unpunished.

 

[bmasters9]

I was leaving a meeting I attended at an area hospital yesterday when someone smashed into my stationary car from the rear with me in the drivers seat waiting to turn out into traffic. This is my 2015 Hyundai Genesis 5.0 and I had mailed the final payment less than a month ago. After making sure the young lady who hit me was OK I called the Police and we waited for them to arrive. When the Officer did arrive he interviewed each of us privately and then returned to me to notify me that this woman was driving uninsured.

He said "had the accident happened a few feet ahead [on the public street] she would have been cited and taken to jail" but since it happened on hospital [private property] grounds he couldn't even cite her for having no insurance.

My rear bumper is completely destroyed and will have to be replaced. Who knows what else might be damaged on my vehicle and I had to visit a Dr for my pain and stiffness around my neck earlier today.

Of course I'm just venting but how is it someone can hit my car and I am now stuck with paying my insurance deductible for the repairs along with a likely rate increase when I renew, while they go completely unpunished.

Unless I miss my guess, that's the selling point that Liberty Mutual has used in their commercials for the longest time-- they claim that other insurance companies, even if you didn't cause an accident, act like you caused it (like, say, you were going on green and someone runs a red and hits you; according to the insurance people, apparently still your fault).

 

[Ron1973]

That stinks. I was involved in a hit and run a month ago tomorrow which has left me in severe pain. I got his tag number and turned him in. They caught up with him; the police report said he had Farm Bureau Insurance. After going back and forth with them, they kept saying they weren't sure he even had insurance with them anymore. I finally got MY insurance company, Progressive, involved, as well as getting a lawyer. It turns out he does have insurance, but through State Farm. I'm no fan of State Farm, but they were "johnny on the spot" giving my insurance company a claim number and calling me.

 

[Adam Lenhardt]

New York requires a minimum of $50,000 uninsured motorist insurance for bodily injury for just this sort of scenario.

I believe in Georgia, the state law requires insurance companies to offer $25,000 in uninsured motorist property damage unless you specifically request not to have the coverage. I'm not sure how deductibles apply with that coverage. More than one in ten drivers in Georgia are on the road without insurance.

Presumably you could also take the young woman to small claims court for anything that you're paying out of pocket after insurance. But my guess is that if she didn't have insurance, she doesn't have any assets to pay restitution.

 

[TonyD]

Yeah, might have to sue her for any money. Could this fall into a civil court?

Even if she can’t pay couldn’t they put a stipend on her?

 

[Mark Booth]

The streets in our association are private. My wife and I own 1/171 of the area of our streets (171 homes in our association). When there are cars parked illegally (blocking driveways or in red zones) on our streets we call our private security company, not the police. The police won't cite or tow cars parked illegally on private property.

If there is an accident involving bodily injury then things change. There is some kind of law that supersedes the private property aspect when bodily harm has occurred.

Perhaps if you had been obviously injured the police could have done more?

Mark

 

[TonyD]

I think in most areas you have two weeks to report your own injury and go to a doctor.

Have you done that yet? Might want to if not..

 

[Stan]

Here in Washington state, you have to have insurance. Sad story, but it sounds like a loser driver and you may not ever see a penny. Maybe she'll get some jail time, her wages garnished, an experience she'll live with for years.

 

[Ron1973]

New York requires a minimum of $50,000 uninsured motorist insurance for bodily injury for just this sort of scenario.

I believe in Georgia, the state law requires insurance companies to offer $25,000 in uninsured motorist property damage unless you specifically request not to have the coverage. I'm not sure how deductibles apply with that coverage. More than one in ten drivers in Georgia are on the road without insurance.

Presumably you could also take the young woman to small claims court for anything that you're paying out of pocket after insurance. But my guess is that if she didn't have insurance, she doesn't have any assets to pay restitution.

It was a he, and he does have insurance. My company, Progressive, started doing some digging and found out that it wasn't Farm Bureau as the MO HP had reported, but it was State Farm.

 

[John Dirk]

That stinks. I was involved in a hit and run a month ago tomorrow which has left me in severe pain. I got his tag number and turned him in. They caught up with him; the police report said he had Farm Bureau Insurance. After going back and forth with them, they kept saying they weren't sure he even had insurance with them anymore. I finally got MY insurance company, Progressive, involved, as well as getting a lawyer. It turns out he does have insurance, but through State Farm. I'm no fan of State Farm, but they were "johnny on the spot" giving my insurance company a claim number and calling me.

Glad yours worked out better than mine. I'm also a Progressive customer but even they couldn't get "water out of a rock."

 

[John Dirk]

Here in Washington state, you have to have insurance. Sad story, but it sounds like a loser driver and you may not ever see a penny. Maybe she'll get some jail time, her wages garnished, an experience she'll live with for years.

You "have" to have insurance in Georgia too but, of course, not everyone respects the law. What's sad in this case is that she will go completely unpunished simply because the incident occurred on private property. This makes no sense to me. If she had murdered someone on private property would the Police still be powerless to arrest her?

 

[John Dirk]

Unless I miss my guess, that's the selling point that Liberty Mutual has used in their commercials for the longest time-- they claim that other insurance companies, even if you didn't cause an accident, act like you caused it (like, say, you were going on green and someone runs a red and hits you; according to the insurance people, apparently still your fault).

I thought their thing [Accident Forgiveness] was specifically designed for people who were at fault, in which case, they won't raise your rates. What they don't tell you [I suspect], is your rates are probably already adjusted to compensate them for this "privilege."

 

[Adam Lenhardt]

It was a he, and he does have insurance. My company, Progressive, started doing some digging and found out that it wasn't Farm Bureau as the MO HP had reported, but it was State Farm.

I was responding to John's original post. Sorry for the confusion.

 

[John Dirk]

New York requires a minimum of $50,000 uninsured motorist insurance for bodily injury for just this sort of scenario.

I believe in Georgia, the state law requires insurance companies to offer $25,000 in uninsured motorist property damage unless you specifically request not to have the coverage. I'm not sure how deductibles apply with that coverage. More than one in ten drivers in Georgia are on the road without insurance.

Presumably you could also take the young woman to small claims court for anything that you're paying out of pocket after insurance. But my guess is that if she didn't have insurance, she doesn't have any assets to pay restitution.

LoL - You sound like an attorney. My insurance company is covering me but, as you mentioned, I have to pay my deductible. You're also correct in that this person was clearly untouchable as far as restitution. I saw her car. It looked like it had been through several accidents before this one.

 

[John Dirk]

Yeah, might have to sue her for any money. Could this fall into a civil court?

Even if she can’t pay couldn’t they put a stipend on her?

Not even worth it. I just can't believe the officer [had no choice but to] let her drive away after having caused an accident and being uninsured. Why not just wait for her to turn onto a public street and then cite her?

 

[John Dirk]

The streets in our association are private. My wife and I own 1/171 of the area of our streets (171 homes in our association). When there are cars parked illegally (blocking driveways or in red zones) on our streets we call our private security company, not the police. The police won't cite or tow cars parked illegally on private property.

If there is an accident involving bodily injury then things change. There is some kind of law that supersedes the private property aspect when bodily harm has occurred.

Perhaps if you had been obviously injured the police could have done more?

Mark

Thanks Mark. I don't understand why there needs to be a certain level of crime for the Police to be empowered but I guess that's the world we live in.

 

[Ron1973]

I was responding to John's original post. Sorry for the confusion.

No problem, I think I started the confusion!

 

[Malcolm R]

Makes no sense to me. I thought if a person caused damage to another person's property, they were liable no matter where it occurs. I didn't know you could get a "free pass" if it happens on private property.

Sounds like a less-violent variation on The Purge.

All property damage is legal if it happens on private land....

 

[TonyD]

Every time I see the topic title I go back to the animated show Clerks.

 

[Mike Frezon]

LoL - You sound like an attorney.

Hah!

In some quarters, that would be considered seriously libelous...especially in the capitol of New York State!

But I think I'll skip my usual remarks warning against direct attacks on other members...