QuestionThanks for your help, in advance.
I bought a car from a friend in California where I am currently living. I went
to my home state to deal with my father's health problems. The insurance on
the car expired, I didn't notice. I came back to CA, registered the car here,
got my CA driver's license w/in this past month. Was looking at insurance
policies but VERY STUPIDLY drove w/o yet buying. Accident.
I came out of local mall parking lot onto highway and merged into my left
lane, and then the next left lane and then heard a thud in my rear. A
motorcycle hit middle of my car back. I didn't see him at all when I was
heading left.
So, I get out, him and his girlfriend were both thankfully ok. We called the
police, emt's checked them out. Everyone ok. Hi bike is probably totaled. I
have dents-I don't care about my car. He said I rashly drove to the left w/o
using blinker. I think my merging was normal which i told the cop and I
thought i was using my blinker. We exchanged phone #'s. I waited, next
day, I asked him if he would be willing to settle it between us. I figured I
would pay blue book value for his moto, in exchange for not reporting to
insurance- or possibly pay him BB value minus his insurance deductible- as
long as it's more than his insurance would give him. ANYWAY, basically, he
initially intimated that he'd rather just go through insurance. I haven't yet
told him I didn't have any. But isn't this good for him too? Technically he hit
me, so with a hit isn't the hitter always, at least, partial fault? And then his
insurance would go up, i assume.
If he goes thru insurance they will give him very little for the bike b/c it is a
1988, but I'm afraid they'll sue me for much much more, the way big
companies will do, and then also try to sue me for an injury claim who knows
when, down the line. And then- they could sue me for whatever money i
might have in my bank account? (my only asset) For up to 2 years or right?
I'm not trying to hurt him-although he and his girlfriend fell off they were
checked out and luckily very unhurt. They are still feeling ok.
Big Question: How much could the insurance Co come after me for? It seems
unlimited! Can they sue me for exponentially more because of my uninsured
status? (Btw, I am buying insurance today) Will they be more likely to come
after me because I was uninsured and they can run me dry? Can they run me
dry?
Last Most Important Question (I promise): In asking him not to report to
insurance, per a $ settlement btwn us- can this be bad for him? Is he worried
that if he doesn't report to insurance w/in 10 days, or whatever it is,- he
won't be able to get financial compensation if a health problem arises?
Couldn't he still later, even if he didn't report to his insurance co, because we
have the police report we filed? Doesn't the police report protect him if a
health problem came up? Also, I know he has medical coverage through his
college- so isn't he protected by that too?
I am very sorry this is long. I do appreciate your help so, so so much. I have
no one to ask.
(I didn't get a no-insurance ticket from the cop btw because I said my
former insurance co. MIght the police or dmv come after me or suspend my
license?)
Worried Allison
AnswerHello Allison,
You have several questions here, so I will give you my assessment of the situation and try to address some of the several issues you have here.
You are not insured, which in California means you have not recovery against the other party, even if they were 100% at fault (they came and hit you). On the other hand, they can come after you for any/and all damages caused (property damage and injuries if any).
The problem that you have is that this is a motorcycle v. car accident; motorcycle’s usually have the upper hand in a court of law (juries feel bad for bike riders). In addition, it would appear that you could be liable for this accident depending in what an insurance company would decide fault at. To learn more about fault, visit:
http://www.auto-insurance-claim-advice.com/Fault-for-the-Accident.html
Can they run you dry? The answer is it depends! How Much money do you have? If you have a lot, probably not (unless they get a great lawyer), if you have little, the absolutely.
Is it better for them not through insurance? Well, again, maybe yes, maybe not. If they want their bike and medical bills covered, they will have to report it to insurance. Health care and college policies do not usually cover vehicle/motorcycle accident, they want you to use your motorcycle and/or auto policy (otherwise everyone would use their health insurance to cover their car accidents). In addition, even if the insurance company does cover these damages, they would gain a right of subrogation against you. To see more about this, visit:
http://www.auto-insurance-claim-advice.com/Subrogation-of-Rights.html
What this means is that the insurance company (or health provider) will pay them for the motorcycle and/ medical bills and they will come directly after you for those payments (because, if you are found at fault, you would be responsible for them).
I am not sure this addresses your statement that you are limit of coverage is “unlimited.” His insurance will cover him – they will come after you for payments mad. He will still have a claim (and his girlfriend) for pain and suffering and other payments not made, but that they are entitled to. No insurance means you are paying everything out of pocket, one way or another.
On the brighter side: If his insurance company finds out you do not have insurance and his has uninsured motorist coverage, they might provide all coverage for him, and then write it off as their loss. They will come after you and see if you have assets and try to take whatever they can. If they can’t they might write it off.
You are in a hard spot, so please to talk to an attorney, find out at:
http://www.auto-insurance-claim-advice.com/find-a-lawyer.html
Good Luck,
Anne
