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I got rear ended by a commercial truck they had liability & I had no insurance

Discussion in 'Auto Accidents, Injuries' started by Buenole, Apr 25, 2018.

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  1. Buenole

    Buenole Law Topic Starter New Member

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    Jurisdiction:
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    I gave the driver an estimate for my bk lower bumper damages but he stated he couldn't pay that amount, therefore he wants me to go through his company insurance. How will that affect me? @ the time of the accident I had no insurance even though he hit me. I am leasing a car & im behind 2 payments, if I do a 3rd party claim with his insurance will I get into major trouble, i just got my license bk, also I would have to fill out a SR-1 with dmv. I dont want to loose my car. I tried doing it under the table. Please help.
     
  2. army judge

    army judge Super Moderator

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    Sorry mate, I don't think any of our posters will instruct you on breaking the law, or as you put it "doing it under the table".
     
  3. mightymoose

    mightymoose Moderator

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    If you make an insurance claim it will result in an SR1, and you will have to provide proof of insurance or face suspension of your license. You are supposed to submit an SR1 if the damage is over a certain amount regardless of whether you make an insurance claim.


    You took a risk and lost. You will likely have to pay for this damage yourself.
     
  4. adjusterjack

    adjusterjack Super Moderator

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    You reap what you sow.
     
  5. zddoodah

    zddoodah Well-Known Member

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    Assuming liability isn't disputed, the at-fault driver's insurer will pay the reasonable cost of the repair work (assuming that cost is less than the fair market value of your vehicle).

    If you're behind on lease payments, your liable to lose your car regardless of the accident. I suspect there is a provision in your lease that requires you to report an accidents to the lessor. Did you do that?

    Also, the obligation to file an SR-1 with the DMV exists regardless of whether you make a claim against the at-fault driver's insurance. I guess you intend to break the law in that regard also. I am, of course, assuming that the total damage exceeded $1,000.

    Obviously, if you pursue a claim through the at-fault driver's insurer, the insurer will ensure that an SR-1 is filed with the DMV. In fact, the at-fault driver has the same obligation to file an SR-1 and, since this happened in the course and scope of his employment, he may have already done that. Even if you don't make a claim through the at-fault driver's insurance, the other driver or his employer or insurer may do it anyway.

    Since you chose to break the law by not carrying insurance, you should expect your license to be suspended. Since you said that you "just got [your] license [back]," it sounds like this won't be the first time for you having your license suspended, so you should expect increased penalties. You probably also will be facing some steep fines.

    Even better, since you breached your lease by failing to carry insurance, the lessor has probably obtained insurance coverage for the vehicle and will charge you for it when the vehicle is repossessed or otherwise returned. Keep in mind that this sort of insurance is not liability insurance (so it won't save you in that regard) and is typically very expensive.

    The moral of this story is that the financial consequences of not having insurance are significantly greater than the cost of insurance.
     
  6. Buenole

    Buenole Law Topic Starter New Member

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    I wasn't @ fault. Someone hit me. If I was @ fault then Yes I agree. Dmv clearly states that if its over $1000 the yes we would have to submit an SR-1 but my damages are not over $1000
     
  7. mightymoose

    mightymoose Moderator

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    It does not matter if you were at fault.
    If you make the insurance claim then the insurer should repair your vehicle, however in doing so I assure you an SR1 will be filed by that agency and you will be hearing from the DMV. When you are unable to provide proof of insurance at the time of the accident you will be hit with a stiff fine and have your license suspended. Making an insurance claim will result in the revelation that you had no insurance at all as required by law.

    Hardly anything is less than $1000 anymore, but if that really is the case you are best off to pay for the damages on your own. Pay for it with the money you saved by not paying for insurance

    A bumper or bumper cover these days is typically around $400-500. Add to that the cost of paint and labor and $1000 is reached real fast.
     
  8. zddoodah

    zddoodah Well-Known Member

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    First, the obligation to file an SR-1 does not depend on who is at fault, and none of the prior responses suggested that you were or might be at fault.

    Second, the obligation to file an SR-1 exists if the total property damage to all vehicles involved (and any other property that may have been damaged) exceeds $1,000. It doesn't matter if the damage only to your car is less than $1,000.

    Third, the other driver or his employer or insurer may file an SR-1 regardless of your opinion about the extent of damage. If that happens, the DMV will then ask you to fill one out as well. I suppose you can claim that the total property damage was less than $1,000 and not provide any insurance info. Maybe that will work; maybe not.

    Keep in mind that you came here and asked how this will affect you and you got answers. You may not like the answers, but that doesn't mean they're not accurate.
     
  9. Buenole

    Buenole Law Topic Starter New Member

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    This is like a negative betty site vs the free consultation that I got with a live lawyer was supper positive and he gave guidence vs people assuming & judging.

    Thank You, I need no more advice from this site.
     
  10. adjusterjack

    adjusterjack Super Moderator

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    OK.

    Thread locked.
     

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