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Car wreck with uninsured motorist

Discussion in 'Auto Accidents, Injuries' started by Alex C, Sep 10, 2021.

  1. Alex C

    Alex C Law Topic Starter New Member

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    Jurisdiction:
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    My car wrecked last month by a uninsured motorist and I only have liability and uninsured motorist insurance. If I do not have collision coverage with my liability insurance, am I out of luck just have to sue a college kid with my car repair costs? My insurance company seems not want to cover any repairs of my wrecked car.
     
  2. Redemptionman

    Redemptionman Active Member

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    Probably, comprehensive coverage would have covered you but with just liability probably not. How much damage was done to the car and is it operational?
     
  3. army judge

    army judge Super Moderator

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    Turnips, beets, and pretty rocks don't have the ability to give blood.

    Deadbeats and financially challenged humans without assets often stymy the efforts of judgment holders attempting to collect on an award.
     
  4. zddoodah

    zddoodah Well-Known Member

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    Excellent.

    No. You have a claim against your uninsured motorist coverage.

    Why? What specifically has the adjuster said or written that leads you to this conclusion -- especially given your statement that you have uninsured motorist coverage.

    Incorrect. Comprehensive coverage covers loss resulting from theft, fire and other non-collision related things. The type of coverage that would have helped the OP here is collision coverage, not comprehensive.

    With "just liability," it's not just probable, it's certain. Liability coverage only covers damage to another person or property for which the insured is legally liable. It will not cover injury to the insured or the insured's own property. Fortunately, the OP did not have "just liability." The OP clearly stated that he/she carried uninsured motorist coverage.
     
  5. adjusterjack

    adjusterjack Super Moderator

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    This is critically import, Alex. Take out your policy and READ IT to see if your Uninsured Motorist coverage includes damage to your property.

    Georgia statute 33-7-11 requires all policies to include damage to your property in the Uninsured Motorists coverage unless the insured elects not to buy it that way.

    Here's the law:

    Georgia Code § 33-7-11 (2019) - Uninsured motorist coverage under motor vehicle liability policies :: 2019 Georgia Code :: US Codes and Statutes :: US Law :: Justia

    Here's a sample election form that insurance companies may be required to have signed by an insured.

    25586.pdf (metlife.com)

    If your policy doesn't have UMPD ask your insurance claims rep to produce your signed election/rejection form. If they can't produce it they may have to cover your damage.

    Come back and report.
     
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  6. adjusterjack

    adjusterjack Super Moderator

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    Z, you got in ahead of me about the Comprehensive coverage. :D

    Maybe, maybe not. See my comments in post #5. In GA, UMPD is an optional coverage. We don't know yet if the OP has it or not.

    Keep in mind that the availability of UMPD differs from state to state. Some have it, some don't. One should check each state before making an unequivocal comment about UM coverage.
     
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  7. Redemptionman

    Redemptionman Active Member

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    Again, don't know why my post was deleted but it was seriously not misinformation. UMPD has to be offered if you have UM bodily injury it is part of the law. Georgia is a made whole state and again that has to be offered in writing if it was NOT then you may have a cause to hold them accountable on your Collision portion. Some insurance companies do include the under-insured property portion in full coverage collision some will say that you need UMPD coverage. However if it wasn't offered at the time of you signing up and they have not produced a form that states that you refused it then indeed you might have a cause for action. Since you do not have full coverage (comprehensive/ collision) this could be difficult for you to do.

    UMPD is a double coverage conundrum. Meaning not all companies treat it the same since it can be included in other limits on the policy.

    Uninsured Motorist Property Damage in Georgia

    I understand @adjusterjack gives you the point of view of the insurance stance. They are not your friends, nor your buddies.
     
    Last edited: Sep 11, 2021
  8. adjusterjack

    adjusterjack Super Moderator

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    Yes, it was. You rewrote your current explanation in a way that actually is correct --- this time.

    Which, by the way, I already explained.

    No, you don't understand squat. I am long retired from the insurance industry. I do all I can to help people when they go up against insurance companies, providing insider information as appropriate and reality checks when appropriate.

    Now tell me what you do for a living so I can disparage what you do.

    To summarize, we don't know whether the OP has UMPD until he/she reads the policy and tells us.
     
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  9. Redemptionman

    Redemptionman Active Member

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    This is correct. I am not/ was not taking shots at your profession which you somehow always seem to think I am doing,
     
  10. adjusterjack

    adjusterjack Super Moderator

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    The proof of the pudding:

    You may now have the last word since you always seem to need it. :p
     
  11. Redemptionman

    Redemptionman Active Member

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    I don't want the last word but this is confusing. I would wait for the OP to post back with what he wants to do?

    Insurance is only an issue when you need it and when you need it is when you find out what type of insurance you actually have.
     
  12. justblue

    justblue Well-Known Member

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    Huh? No. You know what type of insurance you have when you buy your policy after reading it to make sure it gives the coverage you require. At least that is the way we always did it.
     
  13. Tax Counsel

    Tax Counsel Well-Known Member

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    Redemptionman meant, I'm pretty sure, that when it's time to make a claim that's when you find out how good your insurance company really is. How does it handle the claim? Does it pay the claim fairly and without much hassle? Or does the insurance company put you through lots of hoops to jump through first, and then lowball the claim payout? Not all insurance companies are created equal, and in particular if you go with a really cheap insurance company you're likely to find you get hosed when it comes time to make your claim.
     
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  14. justblue

    justblue Well-Known Member

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    Ahhh...I see. My mom worked for Liberty and that is what we always had...worked well for us on the few occasions we filed a claim.
     

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