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  1. #1
    Senior Member JonB's Avatar
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    Angry You don't need insurance

    Long story short my gf roomate got in a car accident with someone with no insurance. The person with no insurance was at fault very minimal damage to her car, totalled my gf roomates car. Cops let the women drive away with no insurance. Not that she just lost the card she straight up does not have insurance even admitted to it and was allowed to drive away. This infuriates me WTF is wrong with our system that some one with no insurance is not arrested, dealt a very hefty fine and there license suspended.

    This is not the first time I have heard of this or seen it happen here in FL. I really can't even begin to explain how much this pisses me off. I understand that people will always try to get away with it but when you are in an accident how the fuck can you be let go and allowed to drive off. I really think I am going to call the sheriffs office and ask why this is happening in our county and why they are not following state law.

  2. #2
    Impwnded Smkn_TA's Avatar
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    Umm...that person is still going to have to pay for damages and medical expenses. Pain and suffering. Etc... If your gf roomate had a nice car, this person all of a sudden has to pay out 20 GRAND or so. The fact they didn't have insurance probably means they cant afford that, let alone 20G's. Unless they were mexican, let them drive away and enjoy their now totally fucked up life while they still can.

  3. #3
    Impwnded Smkn_TA's Avatar
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    I have comprehensive btw...if I didn't have it I would be paying like 500 a month in fines every time they pull me over for speeding!!

  4. #4
    Senior Member JonB's Avatar
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    Quote Originally Posted by Smkn_TA View Post
    Umm...that person is still going to have to pay for damages and medical expenses. Pain and suffering. Etc... If your gf roomate had a nice car, this person all of a sudden has to pay out 20 GRAND or so. The fact they didn't have insurance probably means they cant afford that, let alone 20G's. Unless they were mexican, let them drive away and enjoy their now totally fucked up life while they still can.
    Well the roomates car was a POS late 90's cavalier worth tops $2,500. She also come to find out today from her daddy she only has comprehensive and no uninsured motorist coverage. In short shes screwed. This is where it gets tough. Her only options is to take it to small claims court but is it honestly worth her time and effort for $2,500. She could hire a lawyer ect but again is it worth it for $2,500 she would probably see nothing of that money once the lawyer is paid. Honestly If it were me I would be satisfied with the cops doing there job and following the law to a T on this one.

  5. #5
    Veteran pajeff02's Avatar
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    Moral of the story: You need to look out for numero uno. That means adequate coverage to protect yourself, including high enough first party limits, underinsured and uninsured coverages with stacking if you have more than one vehicle on the policy.

  6. #6
    Senior Member 1MileCrash's Avatar
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    state of wisconsin just passed a law which took affect last week wherein you are required to have insurance and have your card in your car at all times. failure to comply results in a fine and i think after so many convictions jail time.

  7. #7
    Junior Member lawless's Avatar
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    my firebird's a strong driver, but i don't have insurance on it at the moment, so where does it stay? in my garage.

    liability insurance isn't all that much, to be honest. if you can pay for gas you can pay your dues. i pretty much agree with you on this one. sucks for your friend, however that she may be out of her only mode of transportation.

  8. #8
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    I'm fairly certain you cannot be represented in small claims court, so no one is allowed to lawyer up. If the other person was cited, I'd recommend your friend take them to court over it. Check your local municipality, but it shouldn't be too much to file (probably less than $250).

    If she goes in with a copy of the citation, well-dresssed and well spoken, with pictures of the damaged car she should get the judgement in her favor.

  9. #9
    Senior Member SeVeReDiStOrTiOn's Avatar
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    Quote Originally Posted by JonB View Post
    Well the roomates car was a POS late 90's cavalier worth tops $2,500. She also come to find out today from her daddy she only has comprehensive and no uninsured motorist coverage. In short shes screwed. This is where it gets tough. Her only options is to take it to small claims court but is it honestly worth her time and effort for $2,500. She could hire a lawyer ect but again is it worth it for $2,500 she would probably see nothing of that money once the lawyer is paid. Honestly If it were me I would be satisfied with the cops doing there job and following the law to a T on this one.
    Yes. You don't need a lawyer for small claims just use common sense when you get there. Bring pictures, witnesses, the police report ,quotes from different repair joints and some KBB/nada value quotes. The judge will sort it all out just answer his questions and let the defendant bury himself.

  10. #10
    Veteran pajeff02's Avatar
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    Three thoughts based upon these posts:

    1. Whether or not counsel may be utilized in "small claims court" depends on the jurisdiction.

    2. The filing of a claim does not mean there will be any recovery. A judgment is simply a piece of paper. Whether or not it can be enforced is the question. In some jurisdictions (like PA for example) if a person is married they can be damn near judgment proof absent insurance coverage.

    3. It is possible that the officer may still be citing the other driver. Not all citations are written on the spot. In PA, those that do not have in car access to DOT info have to go back and run the driver to obtain a certified copy of the driving record before issuing the citation for certain offenses.

    What does Florida law say as to the above???

  11. #11
    Senior Member JonB's Avatar
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    Quote Originally Posted by pajeff02 View Post
    Three thoughts based upon these posts:

    1. Whether or not counsel may be utilized in "small claims court" depends on the jurisdiction.

    2. The filing of a claim does not mean there will be any recovery. A judgment is simply a piece of paper. Whether or not it can be enforced is the question. In some jurisdictions (like PA for example) if a person is married they can be damn near judgment proof absent insurance coverage.

    3. It is possible that the officer may still be citing the other driver. Not all citations are written on the spot. In PA, those that do not have in car access to DOT info have to go back and run the driver to obtain a certified copy of the driving record before issuing the citation for certain offenses.

    What does Florida law say as to the above???
    I don't think she would need counsel in small claims. Small claim was suggested by her dad as a means of recovery of her loss. The big thing to her is whether or not its worth the time and effort to pursue it, all for maybe $2500. I know I am still involved in settling a car accident been on going for 3 years. I have a court date(if it reaches that) which was set up back in march for jan 2011. So going to civil court may be months if not a year away before her case is even heard. Which I think is why small claims was brought up by her dad as it may be faster an less costly to her(no need for a lawyer).

    As for florida law, if you have no insurance your licence,tag, and registration is suspended up to 3 years or until prove of insurance. A $150-$500 fine that must be paid to reinstate your licence. Also and driver involved in an accident with no insurance must have sr22 insurnace for 3 years. Which to my knowledge is usually much higher premium. Its a fairly good law but its plain and simply not enforced as I said before this is not the first time I have heard of this happening.

  12. #12
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    Here in jersey they tow your car if you have no insurance... my buddy had his car towed when he was pulled over on the way to work he had to walk the rest of the way in. He just had no card to prove he had it covered.

  13. #13
    Senior Member JonB's Avatar
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    Quote Originally Posted by DIRTY JERZY View Post
    Here in jersey they tow your car if you have no insurance... my buddy had his car towed when he was pulled over on the way to work he had to walk the rest of the way in. He just had no card to prove he had it covered.
    I know that sucks but in all honesty that's the way it should be. Your car should be impounded, must pay to get the car out as well as provide proof of insurance . If you don't actually have insurance your license should be suspended for at least a year along with a hefty fine of $1k+.

    Also if someone with insurance hits someone with out insurance and the person with insurance is at fault they should be liable for nothing. The insurance company should not be responsible for covering someone that is uninsured. The uninsured should have no right to sue the person with insurance either. Either play by the rules or pay the consequences.

    Its one thing if you have insurance and just don't have the card on you, in which you should just pay to get the car out of the impound with prove of insurance. Its another when we let people drive away from a traffic stop or accident that does not have it at all. There needs to be stiff stiff punishment for such things, we are far to lenient on this stuff. Shit that's why I pay $150 a year for uninsured motorist coverage. Sure its not a lot of money but its the principal that I should not need. If law enforcement was enforcing this law like they do speeding we would not have such a rampant problem. Its something like 1 out of 5 do not have insurance in fl. I also think every year you should have to provide proof of insurance when you do your registration. No proof the police show up at your door and impound your car until you can provide proof of insurance.

  14. #14
    its short but its skinny. jiveass's Avatar
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    florida has the "no fault" law when it comes to insurance....my cousin lived in jacksonville ...he had his truck parked at his apartment..lady came haulin ass through and took out his front end...she had no insurance...his insurance had to cover all costs to repair his vehicle due to the "no fault" law...she was not held responsible in any way whatsoever...bottom line, if you want your shit fixed, you better have insurance...otherwise youre fucked...and what sucks is that lady lived right across the hall from him...

  15. #15
    O U 8 1 2 Spaz's Avatar
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    Quote Originally Posted by JonB View Post
    Long story short my gf roomate got in a car accident with someone with no insurance. The person with no insurance was at fault very minimal damage to her car, totalled my gf roomates car. Cops let the women drive away with no insurance. Not that she just lost the card she straight up does not have insurance even admitted to it and was allowed to drive away. This infuriates me WTF is wrong with our system that some one with no insurance is not arrested, dealt a very hefty fine and there license suspended.

    This is not the first time I have heard of this or seen it happen here in FL. I really can't even begin to explain how much this pisses me off. I understand that people will always try to get away with it but when you are in an accident how the fuck can you be let go and allowed to drive off. I really think I am going to call the sheriffs office and ask why this is happening in our county and why they are not following state law.
    this right here tells me you won't do it... i'd call them and ask why they were allowed to "drive away" with the possability or causeing yet another accident with no insurance...

  16. #16
    Impounded 86 IROC-Z's Avatar
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    Sounds like somebody's wearing a pair of whiny pants.

    What if a meteor struck your girlfriends car? What then? Sorry bro but I don't think meteors apply for insurance, they have much more important things to do like roaming the cosmos in search of cars to fuck up.

    Moral of the story is that life happens, and you have two choices: Either continue being a pessimistic party pooper and spread you bad mood to those around you; or realize that everyone's gonna die anyway, and you might as well make the best of it, so be happy


    This message brought to you by 1-800-SAFE-AUTO. "Play it safe, Safe Auto!"

  17. #17
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    She'll probably still have to pay for the usual stuff insurance pays for right?

    She may not have been able to afford insurance? Insurance can be pretty high and along with all the bills she already has, she might not have been able to afford any.

  18. #18
    Blown, Stroked, & Sprayed

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    They should not have let her drive away. What happens if she hit someone again??

    I have full coverage on both my vehicles.

  19. #19
    ;) Packy's Avatar
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    Quote Originally Posted by Ed Blown Vert View Post
    They should not have let her drive away. What happens if she hit someone again??

    I have full coverage on both my vehicles.
    That is BS that they let her stay on the road. THat is the reason I carry full coverage on all of my vehicles as well.

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