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Advise on a Car Wreck

Discussion in 'BBS Hangout' started by ChenZhen, Jul 14, 2008.

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  1. ChenZhen

    ChenZhen Contributing Member

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    My dad's car was parked on the street and it was hit pretty hard last night from behind in our neighborhood. The guy that hit my dad's car was 19 with no Driver's license and no insurance...he was ticketed and was let go by the cop. My dad doesn't have uninsured coverage. We are thinking he probably doesn't have any money to pay for the damages. What do I do to try to get the money from him just to pay for the damages? Thanks in advance guys...
     
  2. danny317

    danny317 Member

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    not 100% sure but if you park a car in the street and you get hit, its not the other drivers fault...

    its something like "you assume the risk of being hit by parking in the street..."

    thats a really crappy situation. i hope everything works out.
     
  3. Mulder

    Mulder Contributing Member

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    ???

    So if I run by and hit all the parked cars in my neighborhood the owners assumed the risk by parking in the street?

    Where would you get that idea?

    ChenZhen - If you live in Texas, not having UM/UIM coverage is a mistake. But if you don't you can still make a claim. Collision insurance covers the cost of repairing or replacing your car after an accident, regardless of who was driving or who was at fault.

    You could go after the person that did it in a civil suit, but it would probably be a waste of time and money. If they didn't have the money for insuarance, they certainly don't have the money for a judgment.
     
  4. ChenZhen

    ChenZhen Contributing Member

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    We were parking on the neighborhood street right outside of our house though...
     
  5. ChenZhen

    ChenZhen Contributing Member

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    Yeah its a big mistake for not having UM coverage...have my fingers cross on our insurance hopefully covering it...appreciate your help Mulder.
     
  6. codell

    codell Contributing Member

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    Huh? That isn't true at all.

    Chen,

    In the absence of UIM coverage, file under your collision coverage. You'll have to pay a deductible of course. If the other driver was cited, your insurance company could attempt to subrograte against him as an individual. However, if he refuses to pay, it is unlikely they would turn it into a civil matter, especially if its under $5-$10K in damage.

    Since it is filed under collision coverage, you are at risk for a premium increase.
     
  7. danny317

    danny317 Member

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    thats what i recall from drivers ed (but its been over a decade so maybe im wrong...)

    ok i googled it...

    Texas DPS Drivers Handbook states nothing about what my previous post said. seems like its the other persons fault. hope you get some money out of him to repair your car.
     
  8. DFWRocket

    DFWRocket Member

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    dude...living in Texas without UIM insurance is like jumping out of an airplane without a parachute. I've been in 3 accidents with Illegals Aliens in the last 10 yrs. None of the accidents were my fault, none of the other drivers had insurance. We never got any money out of the other drivers. You have to have UIM insurance in this state.
     
  9. ChenZhen

    ChenZhen Contributing Member

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    Thanks bro...I will make my dad get UIM coverage from now on...
     

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