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Question about auto insurance!!! HELP! UMPD ?

ok, i was involved in auto accident earlier this week & it was not my fault at all… i was at a complete stop waiting for oncoming traffic to pass so I could make a left hand turn. I had my blinker on & was sitting at a complete stop for about 10-15 seconds & this woman struck me at full speed from behind. She has no insurance at all, expired tags, & driving on a revoked license. I, on the other-hand, have full coverage insurance but I just found out that I do not have uninsured motorist property damage, but I have uninsured motorist bodily injuries. Since I have full coverage, my co. will take the responsibility of the damages but I have to pay my $500 co-pay. So, is this woman going to walk away sky free from the responsibility of the damage to my car since I don’t have UMPD? The appraiser came out this a.m. & said my car is probably totaled but here is another issue, I owe more than what the car is actually worth! So, I’m going to be stuck paying the difference from what the company totals my car out at & what I actually owe!! What can I do? I’m unsure if I have Gap insurance… any advice would be greatly appreciated!!!

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8 Responses to “Question about auto insurance!!! HELP! UMPD ?”

  1. BiBi on January 31st, 2010 7:00 pm

    im sorry to hear that. you need to sue her. that is the only way to get your money. what a bad situation i am really sorry to hear this. it is illegal not to have insurance. when u sue her i am sure you will win. it is awful that she did this. what a terrible person.

  2. doug0102 on January 31st, 2010 7:54 pm

    If you have $500 deductible, you have to pay it. If you owe more than the car is worth, you are stuck with the difference. As for that woman, you can take her to court and you will probably win, but how do you collect from her, if she has no money?
    It’s not a good situation for you, but there’s not much you can do.
    One more thing, when your insurance offers you the amount for your car, you do not have to take it right away. You can fight with them for more.
    I was offered $10,000 for my totaled car by my insurance company some time ago. I found many ads in newspapers and on the net where the same car was selling for over $12,000. My insurance company accepted this and gave me $12,000
    Do not take what they offer you. Find out how much a car like yours is worth if you wanted to buy it now..

  3. Suzanne S on January 31st, 2010 8:16 pm

    Call your insurance company and get more information. They should be willing to answer all of your questions, since they own the plan you pay for, really the only option is to listen to them. I got into an accident one month after buying my car and it was called a total out. The insurance company paid off the car, completely. I got about 1100.00 on top of that also. I think you will only have to pay the copay if the car is going to be repaired. Insurance companies have strange ways of figuring out what is what. My car looked like it would cost a few hundred to fix, except both air bags went off after I came to a stop after I hit the car in front of me. Ask your insurance company if they are going to sue the uninsured driver. They probably will.If your not happy with how your insurance company plans to deal with this, keep after them. You pay them to take care of you. Let them earn their money. Here is a link to another answer that has great info.http://answers.yahoo.com/question/index?qid=20071108060509AAgbIJ1

  4. oklatom on January 31st, 2010 8:34 pm

    No, your insurance is going to go after the person who caused the accident to get their money back, and they will attempt to get yours back also if she has any assets. So no, she isn’t going to “get away…”

    Yes, IF they total your car, and IF you owe more than the fair market value, and IF you don’t have gap insurance, you will pay the difference.

  5. stephenweinstein on January 31st, 2010 9:28 pm

    1. Call your insurance company and ask if you have gap insurance.
    2. You can sue the woman for the damage to the car. However, before spending time and money on doing so, you should consider whether the likelihood of recovering any money from her is sufficient to justify the time and effort.
    3. It is unlikely that she will walk away free. Even if you elect not to sue her, she may be fined or jailed for driving without insurance, driving on a revoked license, expired tags, etc. Also, your insurance company might elect to sue her.

  6. Insurance Geek-ette on January 31st, 2010 10:09 pm

    What UMPD actually covers, varies by state. Not all states offer this coverage. It also has a DEDUCTIBLE.

    If you have “full coverage” (which, by the way, does NOT mean you are fully covered), that means you have COLLISION, so you have to pay your DEDUCTIBLE, and your insurance company will try to sue the other person and get it back for you.

    She will likely get her license suspended – if it isn’t already – and will get a judgement on it. In any case, SHE isn’t responsible for the loan balance, only for what the car is actually worth. REGARDLESS of fault, your loan doesn’t get paid off, unless you have GAP coverage. (read above, “full coverage does not mean fully covered”)

  7. j2tharome_15 on January 31st, 2010 11:09 pm

    Doug is correct, but I don’t understand how your insurance agent did NOT give you CDW (since you had comprehensive and collision, it’s known as Collision Deductible Waiver, not UMPD)!!! The difference in price is about $5 – $10 a month (in California). ANY insurance agent would automatically add that on your policy. I would actually look into your insurance application to see if you signed a CDW waiver. You signing this means that you understood that CDW is NOT included on your policy. If you didn’t sign it then you can your insurance agent could be liable for those $500.

  8. entidtil on February 1st, 2010 12:08 am

    You have no choice but to use your insurance. You pay your company your collision deductible, they fix or total your car, then they will go after the other party. If/when they collect from her, Your deductible will be returned to you. Since you are apparently “upside down” on your car loan, you will have to pay the difference between what you are paid for the car and what you owe on the car. If you have Gap insurance, that may make up the difference. If your car is totaled, you will receive “fair market value” for it. This value hasn’t a thing in the world to do with what you may still owe on the car. You need to find out if you have gap insurance. For goodness sake, who would know better if you have it than you ?

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