What if I was hit by an uninsured motorist?

Question

I was hit by a person driving a vehicle that was covered by insurance but the name on ths policy isn't the person that was driving the vehicle! What if she isn't a named driver? What can I do as recourse if the insurance company does not want to take responsibility for my damages to my car?

Answer 1

In California, as long as the other driver is not excluded (meaning that the insurance company will not cover a specific driver. Usually they are people living in the car owner's household) from the policy then the other person's insurance company should cover you for damages done by the other driver.

Insurance companies will extend their liability coverage to anyone as long as:

- They're not regular drivers of the vehicle.

- They're licensed drivers

- They're not excluded from the other person's policy.

Companies have other discrepencies such as the driver has to be over 25 years of age to extend insurance coverage.

If you have uninsured/underinsured motorist coverage then you're insurance company can cover the damages caused by the other driver. You need to have the other driver's license plate number, and their driver's license number to have a better chance for the U/M coverage to kick in. Remember, the insurance company pays your damages, and will go after the driver to get recompensated.

If you're not covered by their insurance company then you can go after not only the driver but THE OWNER! The owner's as liable as the driver in this case. The court process, however is more difficult and expensive.

Answer 2

You're screwed, this happened to me and not only was the person not insured, but they were from another state - the only way to be covered is to have the "uninsured motorist" coverage on your insurance. You can try and sue the person but the odds are you'll get nothing outside having to pay a bunch of lawyer fees and court costs.

Yeah, we insured people get screwed - join the club.

Answer 3

Insurance for liability comes from the individual driving.    If they don't have insurance you have a few recourses if your insurance company leaves you hanging.

One take the driver to small claims court for damages.    

One take the person who allowed the idiot to drive their car without insurance to small claims court.

Both are probably futile given that the main reason they don't have insurance is they don't have any money to begin with.

If you have uninsured motorist insurance on your premium your insurance company will fix your car but most likely your rates will go up.

Don't rush this but call your insurance agent asap.       This is why I have an "Insurance Agent" at Farmers and not some hot line idiot at Progressive or Geico.   I want a person who knows me to speak to  when something like this happens and not a little green lizard....

Good luck

RoyG

KC

Answer 4

1) most states require each person to carry Uninsured Motorist coverage as part of your policy, so YOU are covered if you're hit by an uninsured driver.

2) insurance covers the vehicle,not the person.  Therefore, it doesn't matter who is driving the car, just that the owner of the car has insurance

Answer 5

Hopefully you have UIM additional insurance on YOUR policy.  It only cost's a few dollars but it's well worth it.  In this instance your policy would cover you also.

Answer 6

Well, most likely if she is not named, she is not insured. really, the only way to recover the cost of your damages would be to sue her. Take photographic evidence, and get an estimate. Good luck.

Answer 7

Iola is correct...) insurance covers the vehicle,not the person. Therefore, it doesn't matter who is driving the car, just that the owner of the car has insurance.    In case the policy does not cover the car because of a clause in the policy that does not cover another driver, then the owner of the car will be responsible damages to your car.