My girlfriend was hit by an uninsured vehicle? what happens next?

Question

my girlfriend was going to make a left turn, and yielded on a green light. she looked at the opposite direction , and made the left turn because it was clear. Out of nowhere, a car sped up at about 70 to 80 mph in a 35 mph road... he crashed into our car and did a lot of damage to our car. it was then discovered that the other driver does not have insurance on his car, but we do.

THe police officer said that no one was at fault because they could not determine who was at fault. what happens if the other vehicle is not insured?

Answer 1

lol well if the cop said no one at fault then your fuc@ed. that right there says that your both gilty... what i would do is go to court and su him your self... you cant su the car insures because he dose not have any. so su him for what he gots and go on with your day.... ask your insures for advise there the ones that have to pay for your car

Answer 2

first off police do NOT determine who is at fault in an accident.  insurance companies use their reports as "guides" and then investigate.  if the other person was uninsured, your girlfriend needs to file a claim on her own policy to have her auto fixed and medical bills paid.  if she has extended transportation on her policy they will also pay for a rental car for her until hers is out of the shop.  once the claim is done, her company WILL go after the other party to try and get repaid for the claim if they find he was at fault.

Answer 3

If the insurance is not valid on the day of the accident, there is no coverage.

Answer 4

Your insurance company pays to repair your damaged vehicle. Since neither driver was found to be at fault, they probably will not go after the other driver. You could try to sue the other driver in civil court, but you would have to prove he was at fault in order to win.

Answer 5

The above answer is good and just to elaborate, if you do not have collision coverage then your insurance will not be able to help you.  In that case you may want to file a small claims action if possible or hire an attorney to go after the uninsured person.  However, that being said, you may want to consider that an attorney and small claims cost money and the uninsured may not have any money and you may win but not really be able to get any money back since they don't have any.  Considering they don't pay for insurance it is likely they don't have money to pay for it and thats why.

Plus, it may be hard to prove they are at fault.  They can prove you made a left turn in front of them but are you able to prove they were speeding?  That is probably why the officer was unable to determine fault.  You say they were speeding but he was probably unable to find evidence leaning either way.  Hopefully there was a witness or possibly if the damage to your car is really intense then that might support your statement they were speeding.  

Answer 6

LOL.. the ol "it came out of nowhere and was speeding when i failed to yield making a left turn excuse."  Please.   Spare us the story.  Your girlfriends duty was to yield all ALL traffic coming from the opposite direction- no just the traffic that wasnt speeding. And how exactly do you know the speed they were going? do you have a a radar gun in your car.

She is clearly at fault here.  And im sure i wont convince you of that but youll realize it eventually when insurance tells you.  

Your girlfriends insurance will first pay for her damages  if she has collision. Then they will pay either the majority or all damages to the other vehicle (they MAY be able to put slight negligence on them if they can prove they were speeding- but i doubt it.) and injury she caused.  Unfortunately it doesnt matter if they were insured or not-  that doesnt affect liability in the accident.  

Answer 7

If you have collision coverage, you should file a claim with your own insurance company.    You will have to pay any deductible you may have but your car will be fixed.  Your insurance company will try to collect from the other party and if they are sucessful, your deductible will be returned to you.