Drunk driver hit me and totaled my car, they have no insurance and I only have liability, what can i do? help.

Question

On the 4th of July my husband and I were on our way to pick up our 3 week old baby from her grandmas and someone pulled out in front of us. We had no chance to brake or scream, and we were going about 50 and pretty much hit them head on. Turns out they were drunk, they had an open container and drugs in the car and then the driver tried to run off. My husband and I went to the hospital with neck and back injuries. I can't even hold my newborn baby for more than a few minutes at a time. The people that hit us had NO INSURANCE and we only had liability. They were driving an 88 Honda Accord, a piece of **** and you could tell they did'nt have much money and the money they did have went to drugs. I only have 3 weeks left of school and I need a vehicle in 2 weeks. What can I do? Im in such a bad situation.

Answer 1

It so depends on what state you live in. Did you notify law enforcement? In Michigan they would be jailed on criminal charges and you would be justified in sueing them, but you can't get blood from a turnip, right? Probably not much immediate help, but a judgement against them could get you some financial help down the road (if they ever get a job). Sorry sweetie, but there may not be much you can do right now.  Talk to your profs, explain the situation, see if they'll cut you some slack, and slog through it.  Things WILL get better, and you'll look back on these days and marvel at your strength. Trust me.

Answer 2

Most likely you also have uninsured motorist coverage on your policy as well. Like liability coverage, it is usually required by the state.

I suggest you call your agent and find out if you have Uninsured Motorist coverage  (this is usually different from Under-insured motorist coverage).

Answer 3

Ouch!! I hope you feel better soon Thank God they baby wasnt with you.  Um I was in an accident 12 yrs ago and the driver had no insurance no DL and no registration.  We only had liability as well.  Unfortunatly I only have bad news for you.  The insurance didnt cover our vehicle we ended up buying it from them and fixing it back up.  Our other choice was to take the guy to court and put a judgement against him for our loss but he had no money and yep a druggie.  Do you have under insured?  That should help cover your medical bills but that is about it.   Sorry I wish I could have helped more.

Answer 4

probably not much you can do but sue them but chances are they have nothing so you'll get nothing.

Answer 5

Talk to your insurance company & contact a good atturney.

Answer 6

Nothing except take the driver to court and get a judgement against him/her. You'll never see a dime but you may be able to keep their sorry dope-headed butts off the road. If the judge yanks his/her license and he/she gets caught driving again the cops will have reason to search the car, find more drugs and send him to prison where he will get raped by lifers for 18 months. Small satisfaction but it makes me smile when I think about it... har, har.

Answer 7

The same thing happened to my husband. He got hit by a drunk driver with no insurance. We had to file a claim with our insurance company and they paid off our truck (it was totaled too). We had to file a law suit with the guy who hit us, but he didnt have anything, he was a deadbeat like the guy who hit you. They threw him in jail for 11 months and 29 days. As far as I know he is scheduled to get out on Aug 30th. Serves the deadbeat right!

Good luck, I hope you get this resolved quickly. Best thing is to get a lawyer ASAP!

BTW, we had Nationwide Insurance.

Answer 8

First, to clarify some of the information I am seeing in the earlier answers, uninsured motorist coverage only covers you for injuries you sustain when the at fault party does not have coverage or does not have enough coverage. Some states offer uninsured property damage coverage. If your state offers this coverage and you have it you can file a claim under this coverage. As you state you have only liability coverage I am going to assume you do not carry UM or UMPD. When you choose not to carry collision coverage your are basically considered self insured for damages that occur to your vehicle.  If you live in a no fault state, such as Florida you will have PIP or personal injury protection coverage on your policy. This coverage is for your medical bills only. It generally covers 80% of your medical bills and 60% of your lost wages up to $10,000. Or you may live in a state that offers Medpay or medical payment coverage. You should review your policy to verify what you are entitled to for coverage. Your insurance company can still help you even if you don't have collision or injury coverage. If the police report does not indicate any insurance carrier it does not necessarily mean that there is no coverage. Sometimes people cannot locate their insurance info at the scene. Your adjuster can send a letter to the state you live in with a copy of the full report requesting that they check to see if there is any known insurance for the vehicle. That is why when your birthday rolls around the state always asks for your insurance info. If they don't locate any insurance you they will send back a letter. They will often times suspend the drivers license too. The only option you will have at that point would be to file suit. Keep in mind that in many states, DUI losses allow you to collect PUNITIVE damages. You may want to research online regarding the statutes for the state you live in. You also have the right to consult with an attorney (many consult for free) to see what exactly your options might be. Once you know you can make the best decisions for your situation.

Answer 9

check your policy, part of liability ususally includes uninsure/underinsured motorist.

Answer 10

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