My insurance company erroneously stated other driver wasn't insured

[hunt2871]

My wife, son, and son's college roomate were rear ended on 11/11/17. Luckily none of them were badly injured but the car was a total loss. The other driver was intoxicated and tried to flee but was unable to do so by some good semaritans at the scene. He did not have a license at the scene (unknown at this time if he was licensed or not) and the officers on the scene told my wife that he was in the country illegally (he did not speak english according to the officers). He was intoxicated and could not produce proof of insurance. The officers told my wife he was uninsured.

Our insurance company also told us he was uninsured. As it turns out he was insured via the vehicle owners insurance. The actual owner of the vehicle claimed the car was sold to him by the person who hit our car and for some reason that person later stole the vehicle. There is no evidence of a stolen vehicle report. For whatever reason our insurance company went through the claims process for our uninsured motorist insurance. It seems that they would've used the accident report to verify the other driver did indeed have insurance. The other driver's insurance is now accepting liability.

We are now 24 days into this claim and we have had one very low ball estimate for actual value. My son has been without his vehicle for those 24 days because we can't rent him a car (he is 18) and we don't have car rental coverage because it is over priced.

The truly troubling thing about the whole affair is my son was robbed at gun point walking home from school last Wednesday night. He is having some serious problems coping with this. He is edgy and nervous and unable to sleep and is just not himself. Had our insurance company done what they should have done he would've been in a rental car at the expense of the insured at fault driver's insurance at the time and would not have been robbed. Their inability to provide the service that we paid for and their misleading us could've very well ended in the murder of our son. Do we have a case? I have never even thought about suing anyone for anything and have been fortunate to have never suffered any real damages due to the negligence of others.....but I am LIVID over the thought that my son, trying to do what he considers the right thing, faced an extremely dangerous situation and is now displaying signs of emotional distress due to the fact that our Insurance company, and to a lesser extent the Denver Police department, erroneously informed us that the person who destroyed our son's car didn't have insurance.

 

[army judge]

My wife, son, and son's college roomate were rear ended on 11/11/17. Luckily none of them were badly injured but the car was a total loss. The other driver was intoxicated and tried to flee but was unable to do so by some good semaritans at the scene. He did not have a license at the scene (unknown at this time if he was licensed or not) and the officers on the scene told my wife that he was in the country illegally (he did not speak english according to the officers). He was intoxicated and could not produce proof of insurance. The officers told my wife he was uninsured.

Our insurance company also told us he was uninsured. As it turns out he was insured via the vehicle owners insurance. The actual owner of the vehicle claimed the car was sold to him by the person who hit our car and for some reason that person later stole the vehicle. There is no evidence of a stolen vehicle report. For whatever reason our insurance company went through the claims process for our uninsured motorist insurance. It seems that they would've used the accident report to verify the other driver did indeed have insurance. The other driver's insurance is now accepting liability.

We are now 24 days into this claim and we have had one very low ball estimate for actual value. My son has been without his vehicle for those 24 days because we can't rent him a car (he is 18) and we don't have car rental coverage because it is over priced.

The truly troubling thing about the whole affair is my son was robbed at gun point walking home from school last Wednesday night. He is having some serious problems coping with this. He is edgy and nervous and unable to sleep and is just not himself. Had our insurance company done what they should have done he would've been in a rental car at the expense of the insured at fault driver's insurance at the time and would not have been robbed. Their inability to provide the service that we paid for and their misleading us could've very well ended in the murder of our son. Do we have a case? I have never even thought about suing anyone for anything and have been fortunate to have never suffered any real damages due to the negligence of others.....but I am LIVID over the thought that my son, trying to do what he considers the right thing, faced an extremely dangerous situation and is now displaying signs of emotional distress due to the fact that our Insurance company, and to a lesser extent the Denver Police department, erroneously informed us that the person who destroyed our son's car didn't have insurance.

Laws have outlawed murder, rape, robbery, burglary, and manner of other offenses.
Yet, daily we see evidence of people committing all manner of heinous crimes.

Every state and territory of the United States of America requires vehicle owners to maintain insurance, to be licensed, registered, in good mechanical repair.

Every person that operates a motor vehicle must possess a valid license by operation of law.

Yet, your son's recent tragic event illustrates otherwise.
One of our sons suffered at the devices of an unlicensed, uninsured, illegal alien.
He was injured so badly that he eventually lapsed into an 11 year coma, subsequently dying in 2012.

You can thank God, Allah, Yahweh, a tree, a rock, or the deity of your choice that the lad has his faculties, and you are able to talk to him, love him, and know that he is near.

I operate under the philosophy that I must prepare to pay for the sins, transgressions, and pain caused by others who might harm me, or the ones I love.

There is no way you'll ever be able to sue the drunken, criminal border burglar who destroyed your property and injured your child. But, your child is still here with you.

It may be difficult, but you will eventually get him a car, or he will obtain his own.

Tomorrow talk with your insurance agent or company and obtain the sufficient coverage to assist with the financial impact of the havoc irresponsible people can wreak on the lives of your family.

Ask what products you can purchase to assist you if anyone in your family ever encounters one of these irresponsible criminals.

NM has the Crime Victims Reparation Commission.

Your son might qualify for some assistance from your state.

Please read the information below and on the site to learn more.

I wish your family well, and pray your child's health improves.
God bless.

This is the link:

Crime Victims Reparation Commission |


Victims who have suffered physical injury or extreme mental distress as a result of one or more of the following crimes:

Aggravated assault;
Aggravated battery;
Criminal sexual contact of a minor;
Criminal sexual penetration;
Murder;
Voluntary manslaughter;
Involuntary manslaughter;
Abandonment or abuse of a child;
Homicide by vehicle or great bodily injury by vehicle;
Aggravated stalking;
Kidnaping;
Arson resulting in bodily injury;
Aggravated arson;
Aggravated indecent exposure;
Dangerous use of explosives; or,
Negligent use of a deadly weapon;
Human Trafficking

 

[zddoodah]

Had our insurance company done what they should have done he would've been in a rental car at the expense of the insured at fault driver's insurance at the time and would not have been robbed.

I don't follow your reasoning. You wrote that you/your son did not have rental car coverage, so your own insurer was not going to provide for a rental car. If your son wanted a rental car, he could have made a claim for it against the owner's insurance. Why didn't he do that? It's not your/his insurer's responsibility to do that. Even if it were, you told us that you couldn't rent him a car because of his age, so what makes you think anyone else could have procured a rental car for him?

Their inability to provide the service that we paid for and their misleading us could've very well ended in the murder of our son.

But it didn't, and the law doesn't deal with "could've." Moreover, again, you told us that you didn't pay for rental car coverage, so what service do you think you paid for that wasn't provided?

Do we have a case?

First of all, the robbery happened to your son, not you, so there is no "we" here. While I understand your desire to assist him, there is no basis for you to sue anyone. Second, no, he has no "case" against anyone other than the person who robbed him.

I am LIVID over the thought that my son, trying to do what he considers the right thing, faced an extremely dangerous situation and is now displaying signs of emotional distress due to the fact that our Insurance company, and to a lesser extent the Denver Police department, erroneously informed us that the person who destroyed our son's car didn't have insurance.

As far as the police, what basis did the cops have for knowing one way or the other whether the guy had insurance? Presumably, they asked him at the scene and he either didn't produce evidence of insurance or said he didn't have insurance (or both). Right? Based on that, it's perfectly reasonable for the cops to write on the police report that he was uninsured. As far as your/your son's insurer, you told us that the insurer eventually discovered insurance. However, at the outset, isn't it likely that the person who told you or your son that the guy was uninsured was simply echoing what the police report said?

As far as the situation being "extremely dangerous," are you just saying that because the robbery occurred? Or did you and your son consider the area where he was walking to be "extremely dangerous" before he chose to walk there? If so, wasn't it his choice to walk through an "extremely dangerous" area? If you/he didn't consider the area "extremely dangerous" beforehand, then this is simply an unfortunate occurrence that no one could have reasonably predicted.

 

[txls]

Without evidence of insurance, your insurance company did the right thing by initiating a claim and getting the ball rolling. If they later find evidence of insurance they will make a claim to recoup what they have paid out.
If your son cannot rent a car because he is 18, it wouldn't matter which insurance company is involved. I'm sorry for what happened to your son, but there are other options besides walking alone in an unsafe area. Sure other options may be inconvenient or expensive but that was a choice that he made.