Uninsured motorist at fault refuses to have contact or take responsibility

Asked about 1 year ago - Eau Claire, WI

Daughter was in accident other driver was at fault and was sited. At the scene she gave insurance information but found out later not insured. Drivers insurance company has tried to contact her and she does respond. I have also tried to contact her to try to work out some type of arrangement she did not return my call. My daughters car was totaled and we need to get her a new car. What recourse do we have?

Attorney answers (8)

  1. Albert Lee Crosner

    Contributor Level 18

    7

    Lawyers agree

    Answered . Did your daughter have auto insurance and if so, has she contacted her insurance carrier? You need to talk to her insurance carrier immediately and determine (if you cannot do so by looking at her insurance policy) whether or not she had uninsured motorist coverage. She may have UM for property damage also. Call them today.

    Mr. Crosner is licensed to practice law in California and has been practicing law in California since 1978. The... more
  2. Matthew C Simon

    Pro

    Contributor Level 18

    7

    Lawyers agree

    Answered . If the other driver is at fault, you can sue her personally. Also, your own insurance policy may have a provision for uninsured motorists. If so, your own insurance company may reimburse you for the damages, including personal injury (if any). Have your daughter seek a personal injury attorney ASAP if she was injured. Good luck.

    The above is general information only and is not legal advice. The information provided does not form an attorney-... more
  3. Christopher Steven Hoffmann

    Contributor Level 14

    6

    Lawyers agree

    Answered . If your daughter is a car accident with an uninsured motorist, the options are to submit the matter under your own property damage coverage and/or uninsured motorist coverage for any injury claim. If you do not have property coverage, then a personal action can be filed against driver and/or owner of the car. One other option is to report the uninsured driver and/or car owner to the drivers license bureau and /or department of vehicle registration as some will suspend both until proof of insurance or payment on the claim is submitted. Call a local lawyer for the law in your state.

    24 Hour Attorney Call Center (314) 361-4242 or visit us on the Web at http://www.hoffmannpersonalinjury.com.
  4. Christian K. Lassen II

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . UM or sue driver

  5. Scott J. Corwin

    Pro

    Contributor Level 18

    5

    Lawyers agree

    Answered . You should contact your insurance company and ask them what the status of your case is. If your daughter was injured in the accident, then you may want to consult with an experienced car accident attorney to review your options and advocate on her behalf. Best of luck.

  6. Michael C. Witt

    Pro

    Contributor Level 17

    3

    Lawyers agree

    Answered . I'm assuming from the question a choice was made to run without full coverage on your daughter's car. This is, unfortunately, the risk you take when you choose to do so. After checking for UM/UIM coverage on your own policy, you may also have recourse under WIsconsin's safety responsibility law.

    http://www.dot.wisconsin.gov/drivers/drivers/tr...

    Otherwise, suing the responsible party and trying to collect may be your only remaining option, and if the at fault party had no insurance, they may not have any assets to collect from either.

    This answer is provided for general information only. No legal advice can be given without a consult as to the... more
  7. Jay K. Nixon

    Contributor Level 13

    3

    Lawyers agree

    Answered . Being involved in an uninsured accident is possibly one of the best reasons to file bankruptcy. If you do nothing, the opposing driver (or insurer) can have your driver's license and vehicle registrations suspended if you do not post a cash deposit in the amount of their estimated damages, lost wages and medical bills. However, a chapter filing early in the process will prevent the license loss or, if you were already revoked, allow you to reinstate, assuming that you were not driving drunk at the time of the accident. You should therefore promptly protect yourself by consulting with an experienced bankruptcy lawyer. Such a lawyer can also assist you in negotiations if you prefer that route, or defend the claim, but that usually costs far more than the bankruptcy with far more uncertain results. Please do not assume that I am your attorney because of my response here. Call my office in Racine (262-633-3090 or email nixon@execpc.com) for clarifications, but short of such additional arrangements, I will not be taking any action on your case. See me on the web at http://www.lawguru.com/answers/search/attorney/.... View over fifteen years of my past answers at Answers may contain attorney advertising materials.

    My answer here does mean that I am representing you, so be sure to consult your own attorney before deciding on... more
  8. Patrick C. Miller

    Contributor Level 2

    3

    Lawyers agree

    Answered . Was your daughter injured in the accident? Even if she didn't have collision coverage, she has uninsured motorist coverage is she had insurance. Contact me and I'll answer any questions you have.

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