lostsol

From what I hear cops hate to come out in small accidents. All they do is tell you to switch information. And I was tricked, (I have never been in an accident so I don't know what to do) she calls her mom on my phone and her mom said that she had insurance but the card was not in the car. But she gave me the policy number and phone number. Then it turns out the driver is not covered.

ltweintz

Actually...police reports don't mean much. More important is the accident report that has to be completed within 72 hours of the accident. I've had cops show up to the scene on two different accidents and they were useless. Call you insurance company and let them deal with it. Done deal.

I've been through my share of accidents. Even been hit by uninsured driver before.

Strike

You can still go to the police station and file a report. Yeah, it's basically going to be what you tell them but it says a lot that you're willing to file a report in the first place and gives you a lot of credibility if the story changes. Also, the fact that she called her mom on your cell phone is awesome. With your phone records you can now prove that she was at the scene of the accident. If I were you I'd file the police report and report it to your insurance. Why are people so afraid to get their insurance involved? They seem to think that getting insurance involved equals a raise in premiums. This is not the case. One of the reasons you pay for insurance is so they can deal with these type of issues. If you choose not to get the police or your insurance involved and you get screwed then the only person to blame is yourself.

lostsol

I tried calling my insurance and they just told me that I can either file a claim with them (my insurance) and have them pay for damage (which may cause my rates to increase) or file a civil suit through a lawyer. So first thing tomorrow I am going to file a police report. But shouldn't insurance companies pay for damages as long as the car is insured regardless if the driver is excluded?

SJSHARKS

Why are you even talking to these people, this is what insurance companies are for, regardless if the other guy has coverage.

Get police report.
File claim.
Have car repaired.
Pour a cold one.

None of the above have anything to do with the other driver.

Strike

You must be referring to the other parties' insurance. The answer is no. Generally when an insurance policy is signed it covers anyone driving the car. However, when an insurance company knows of someone who has a bad record they will often refuse to insure the car (or charge a lot more) if the person is not specifically excluded. My brother was excluded from my Mom's cars when we were kids because of his record. If the car is driven by someone who is specifically excluded from the contract then the car is uninsured when that person is driving it. I can see why your insurance isn't willing to go after the other party given the relatively small monetary amount involved. If I were you I'd get the police report so the accident is documented, and then take them to small claims court. As I mentioned above your cell phone record will come in handy as proof that she was there. Hopefully the police will choose to go after her for driving without insurance.

SJSHARKS

Your rates will not increase if it was verified by the police report that you were not at fault.

spidermike9

[QUOTE]Originally posted by SJSHARKS
[B]Why are you even talking to these people, this is what insurance companies are for,

chipperman

The amount is too small. Go to small claims. I was hit in my other car two weeks ago by an uninsured. And because I elected to not use my PPO coverage, I am out about $8000 for medical and my car. I self insured the collision never expecting this. So, I'll take the flake to small claims, win, he won't pay, I'll get a judgement recorded and then his credit is screwed. But he probably doesn't care. C'est la vie.

RedY2KS2k

If the driver was excluded from the insurance coverage, then one of two things must be true. Either the owner knowingly allowed the excluded driver to operate the car, which is against the law. Or the excluded driver stole the car, which is also against the law, an would have to be prosecuted as a criminal offense. I think the conversation should be along the lines of which of the above is the case.

Make them pay!