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Husband T Boned UPDATE 2: Driver's Insurance Will Not Cover


Slache
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The man doesn't have insurance. Police are on their way. What do we do?

I'm waiting on a call back from a lawyer.

 

Edits: He's fine. Was in a car. Man seems reasonable.

Sorry, flustered!

Update: He went to the doctor and got a steroid injection for pain and pain meds but no further tests. The doctor told him to expect to be in pain for 6 months but I'd be surprised if it went past 2 weeks. I know car accidents are a huge deal with major consequences, but he said it was so incredibly smooth. 

Edited by Slache
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Get his ID while waiting, assuming it's valid. And plate numbers,. And take pictures. Lots of them. 

Husband was in a car, or was a pedestrian? 

Police will have info and get all that as well, but in case the guy tries to leave before they come. 

Call a lawyer/your insurance and let them know. 

Praying for your husband. 

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As a pedestrian?  Or as a driver?  Are there injuries?  It sounds like you are doing the right things, just keep breathing.  

Collect his license plate number if nothing else in case the driver should try and flee before the police arrive.

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If your dh was hit by a car, he should probably have the police call an ambulance so he can be taken to a hospital to get checked out.

Sometimes it seems like we're not injured when there's a lot of stress and adrenaline, but then later the symptoms start to show up. 

Better safe than sorry!

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When we lived there, dh was driving when he was hit by an uninsured motorist. The driver drove off over an access road. Police took a report which we used to file with our insurance, under the uninsured motorist provision. 
 

Texas is a comparative fault state, so if the motorist caused the damage, you can sue, but odds are if they didn’t pay for insurance they don’t have assets you can recover.
 

Uninsured motorists are a huge problem in the state.
 

Hope everyone is/will be ok. Hugs!

Edited by prairiewindmomma
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1 minute ago, prairiewindmomma said:

When we lived there, dh was driving when he was hit by an uninsured motorist. The driver drove off over an access road. Police took a report which we used to file with our insurance, under the uninsured motorist provision. 
 

Texas is a no fault state, so if the motorist caused the damage, you can sue, but odds are if they didn’t pay for insurance they don’t have assets you can recover.
 

Uninsured motorists are a huge problem in the state.
 

Hope everyone is/will be ok. Hugs!

The man does not have a license and says that the car is insured under his wife. I don't really know what that means, I assume that means he's not insured under the circumstances.

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1 minute ago, Slache said:

The man does not have a license and says that the car is insured under his wife. I don't really know what that means, I assume that means he's not insured under the circumstances.

You need his wife’s name and to get his wife’s insurance. Car insurance follows the car, not the driver.

Eta: have the police arrived, and is there any concern the other driver will flee before they do? If he doesn’t have a license, then he’s going to be in trouble for that. So it’s either that or he doesn’t want to produce his license so as not to identify himself. But the license plates should track back to the owner. Hopefully she does actually have it insured.

Edited by KSera
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2 minutes ago, BusyMom5 said:

You call an ambulance.   Get pics of the man and the car.  I hope that he is okay.  Don't worry about a lawyer yet- just get him medical treatment. 

I agree. I have to be honest. Maybe calling a lawyer is a smart and sensible thing to do, but it wouldn't even occur to me to think of that because I would be so worried that my dh was injured.

I think the priority here is getting medical care for the dh, and letting the police handle getting all of the driver's information. If the dh isn't injured, there's no need for a lawyer, but if he is injured, he needs to get to a hospital instead of worrying about taking a bunch of pictures. If he's well enough to take the pictures while he waits for the ambulance, that's fine, but I would be advising him to rest and wait for help to arrive.

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1 minute ago, Slache said:

The man does not have a license and says that the car is insured under his wife. I don't really know what that means, I assume that means he's not insured under the circumstances.

No, if the car is insured, it's insured no matter who is driving it. Not having a license is his problem, he can deal with the cops on that. 

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Just now, Catwoman said:

I agree. I have to be honest. Maybe calling a lawyer is a smart and sensible thing to do, but it wouldn't even occur to me to think of that because I would be so worried that my dh was injured.

I think the priority here is getting medical care for the dh, and letting the police handle getting all of the driver's information. If the dh isn't injured, there's no need for a lawyer, but if he is injured, he needs to get to a hospital instead of worrying about taking a bunch of pictures. If he's well enough to take the pictures while he waits for the ambulance, that's fine, but I would be advising him to rest and wait for help to arrive.

She edited the OP; dh was in a car, he was not a pedestrian. 

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12 minutes ago, Slache said:

The man doesn't have insurance. Police are on their way. What do we do?

I'm waiting on a call back from a lawyer.

 

Edits: He's fine. Was in a car. Man seems reasonable.

Sorry, flustered!

 

Thanks to @katilac, I just read your update to the OP.

If he's fine, why the rush to call a lawyer?

I'm sorry if I seem clueless!

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1 minute ago, Soror said:

🤗 I hope your dh got checked out. Have you talked to your insurance? Let them deal with the man and his insurance.

Yes, call your insurance - that's what you pay them for. They can deal with the other company, track it down, etc. And cover medical bills for DH if need be. 

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I have direct experience with this. I was hit by a woman who did not have a license and was driving a friend's car. I am guessing she might have been illegal. I felt so bad even though it was her fault. She looked to be 6 months pregnant and looked so incredibly scared.  The sun was coming up and got in her eyes and she t-boned me as I was going 55 mph on our county road. 

So yes, I would have definitely taken a picture of the license plate and if you were worried about him driving off. But once the police get there, you are fine. You should call your insurance company and explain the situation. Then, they should handle it. Ours paid for our car, which was totaled. They then sued her to get the money, but I doubt they got anything. But regardless, we were not on the hook for the cost.  I am not sure why you would need a lawyer unless your insurance will not pay.  They have a legal department that will go after the other guy. 

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If there are no injuries and only minor property damage, the police may not come at all. When DD rear ended someone at a stop light last year the police said to just exchange info and let insurance deal with it. We got a recommendation for a good body shop and had her car towed there.

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Call your insurance.  There should be a number to call on your car insurance card.  Give them the policy number as well as the details.  Since you are talking about a tow is the car undriveable?  If so let the car insurance know and they will send out a tow truck. 

No reason to call a lawyer at this point.

Take pictures of damage.

Your state requires the car to be insured.

If he is driving without a license the driver will be fined for that but that doesn't affect the car insurance.

Don't agree to any thing with the driver.  Let insurance handle it.  Especially if medical bills might be involved.

If the car is undriveable and your income depends on a driveable car then make sure that insurance knows that you will need a rental until the car is fixed.  On the other insurance company's dime. 

Edited by Jean in Newcastle
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after making sure everyone is ok,  and police on way....

lots of pictures of people and stuff, etc.

call your insurance agent

 

now, Not to add worry.  But to add info in case what happened to us ends up a similar story to you.   I was always told things like the insurance follows the car, not the driver.  Then we learned about exceptions. !!  Therefore call your insurance agent with as much info as you have about the car and the owner and the policy holder.

now the rest of that story.  My oldest was hit by other driver. police report showed other driver 100% at fault.  Car owner was insured. Car owner gave permission to his relative (brother?) to drive the car that day. Relative lives at same address but was not on the insurance.  If relative had not lived at same address, it would have been insured. Everyone learned something new that day.  I learned this stuff can vary by state too. yikes.  Upshot in my dd's case was that her insurance company covered her and took awesome care of her. the insurance company went after the driver for reimbursement after the owner's insurance company refused the claim.

I'm sure for my story, there are other stories in other states where it all plays out differently.   big part of this is I'm glad your husband is ok.  Call your insurance. This really is a mileage will vary situation based on all kinds of things that we can speculate, but can't know.

 

edit a few more details:  my dd's insurance took great care of her.  Recommended where to go for service and repair. Helped the car get there. Got her a rental.  Call your agent

Edited by cbollin
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2 minutes ago, cbollin said:

after making sure everyone is ok,  and police on way....

lots of pictures of people and stuff, etc.

call your insurance agent

now, Not to add worry.  But to add info in case what happened to us ends up a similar story to you.   I was always told things like the insurance follows the car, not the driver.  Then we learned about exceptions. !!  Therefore call your insurance agent with as much info as you have about the car and the owner and the policy holder.

now the rest of that story.  My oldest was hit by other driver. police report showed other driver 100% at fault.  Car owner was insured. Car owner gave permission to his relative (brother?) to drive the car that day. Relative lives at same address but was not on the insurance.  If relative had not lived at same address, it would have been insured. Everyone learned something new that day.  I learned this stuff can vary by state too. yikes.  Upshot in my dd's case was that her insurance company covered her and took awesome care of her. the insurance company went after the driver for reimbursement after the owner's insurance company refused the claim.

I'm sure for my story, there are other stories in other states where it all plays out differently.   big part of this is I'm glad your husband is ok.  Call your insurance. This really is a mileage will vary situation based on all kinds of things that we can speculate, but can't know.

 

Yes, the other car's insurance might refuse to cover an unlicensed driver.  But that's why your car insurance should be involved.  And why they will sue for reimbursement.  And why I have "uninsured driver" insurance on my policy - because it covers some of those contingencies. 

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My husband was hit by an uninsured driver this fall.  It totaled both vehicles.  It was 100% the other driver's fault (turned left in front of him at a green light).  

This was in October.  The process of working through this process has been a nightmare.  We find out our car was totaled literally 2 1/2 months AFTER the accident (it still runs, it is just an older vehicle), took that long to get in a body shop.  Paid cash to have our totaled car put back together so we'd have something to drive at least off freeway daytime hours.   Because getting a new or used vehicle right now is darn near impossible. And now we are on a waiting list for a replacement vehicle that we HOPE is going to be delivered in March in the 5-6 month after the accident range.  Seriously, terrible time to be having any sort of issue with your car.  We aren't getting anything near what it is going to cost to replace, even if we wanted to wait it out for the right used car.  We just gave up and put down a deposit on a new vehicle, luckily we had budgeted to buy a new car in the next few years.

That said YOUR insurance will jump through the hoops to get the other person's insurance to pay up if needed and they will fight that out on their own.  So call your insurance ASAP with details.  I think our insurance company is still trying to get paid by the uninsured driver or insurance.  It was a college student who had a car less than a week.  She MAY have had some coverage with her dad's policy?  I don't know and I'm happy not to be more involved than that.

I hope that driver is insured and gets heavily ticketed for driving without a license and you have better luck than us.  I'm glad your DH is ok, my husband was totally fine too.  

Edited by catz
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14 minutes ago, Jean in Newcastle said:

Yes, the other car's insurance might refuse to cover an unlicensed driver.  But that's why your car insurance should be involved.  And why they will sue for reimbursement.  And why I have "uninsured driver" insurance on my policy - because it covers some of those contingencies. 

That's true.  and relevant to the OP which is the important thing

This is also true. In my dd's case the other driver was licensed and it wasn't even expired. Where I live that's not a given.  just saying....  He honestly thought he was insured because the car was insured and he had permission.  some of that must have been state law according to what my dd was told by her insurance.    yes it went through uninsured.  but the guy was licensed.  I tell ya, the news stories of charges in this city when driving is involved almost always include something about not having met "financial responsibility" (aka no insurance).  shake my head.

anyway.... I'm rambling about stuff we agree on.

The good thing?  well, no one was hurt.   And dd's insurance was right on top of all of it and the repair shop/body shop and rental was all covered fast and done well.

hope it goes that well for OP.

 

Edited by cbollin
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Just now, Catwoman said:

No rush to respond — it’s more important that you make sure your dh is ok. Even if he’s not hurt, accidents are so stressful! 

 

52 minutes ago, Slache said:

I'm reading. Will respond later. Thank you everyone.

Definitely no rush to respond.  Take care of your DH and you too!  ❤️

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We've been there, done that. We were stopped at a light when a driver hit us at full speed, so that our car bumped into the car ahead, which in tern bumped into the car ahead of it. Thankfully, and most importantly, nobody was seriously injured (I ended up with some painful whiplash for a few days, though!). The drivers of all 3 of the cars stopped at the light told the police what happened. The driver of the car who ran into us did not have a driver's license but did show the police offers an insurance card for the car owned by his employer. It turns out the insurance was expired. We ended up having to pay for the damage to our vehicle ourselves (since ours was a very old vehicle, there was no uninsured driver insurance on it). It didn't seem worthwhile to hire a lawyer.

So my advice - make sure DH is ok. Everything else is secondary.

Edited by Mom_to3
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He's home. Refusing to go to the doctor, because he's a man. The man is not insured. I'm waiting on a call from a lawyer but have no interest in a lawsuit, just covering the bases. Our insurance says if we file a claim our rates will go up so I'm waiting on his wife's insurance to make decisions. He admitted to the police that he ran a red light and a witness gave a statement. Off to reply to everyone now.

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4 minutes ago, Slache said:

He's home. Refusing to go to the doctor, because he's a man. The man is not insured. I'm waiting on a call from a lawyer but have no interest in a lawsuit, just covering the bases. Our insurance says if we file a claim our rates will go up so I'm waiting on his wife's insurance to make decisions. He admitted to the police that he ran a red light and a witness gave a statement. Off to reply to everyone now.

Unless he was an excluded driver her insurance should cover damages. And medical.  Did you get her insurance info? Call and file a claim. 
No way I would involve an attorney or my own insurance at this point. 

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35 minutes ago, Mom_to3 said:

We've been there, done that. We were stopped at a light when a driver hit us at full speed, so that our car bumped into the car ahead, which in tern bumped into the car ahead of it. Thankfully, and most importantly, nobody was seriously injured (I ended up with some painful whiplash for a few days, though!). The drivers of all 3 of the cars stopped at the light told the police what happened. The driver of the car who ran into us did not have a driver's license but did show the police offers an insurance card for the car owned by his employer. It turns out the insurance was expired. We ended up having to pay for the damage to our vehicle ourselves (since ours was a very old vehicle, there was no uninsured driver insurance on it). It didn't seem worthwhile to hire a lawyer.

So my advice - make sure DH is ok. Everything else is secondary.

Uninsured motorist in our state does not cover property. It Is for medical for those in your vehicle. 

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18 minutes ago, Scarlett said:

Unless he was an excluded driver her insurance should cover damages. And medical.  Did you get her insurance info? Call and file a claim. 
No way I would involve an attorney or my own insurance at this point. 

Yes, got insurance info and filed claim.

10 minutes ago, Scarlett said:

You pick a body shop and have it towed there.  

Yes, the tow truck driver was helpful and informative.

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