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E46 (1999 - 2006)
The fourth generation 3 Series (E46 chassis) was introduced in 1999 and set the standard for engineering and performance during it's years of production including being named to Car & Driver's 10 best list every one of those years! ! -- View the E46 Wiki

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  #1  
Old 08-11-2005, 08:39 PM
tehkao tehkao is offline
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Location: Los Angeles
 
Join Date: Jun 2005
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Mein Auto: 2004 330i ZHP
Question What should I do in this situation?

My 330i was in an accident 3 weeks ago, and the circumstances have become quite strange in the past few days. I'm just wondering what you guys think about it.

As it turns out, the truck driver who hit me didn't have insurance. Sure, the truck itself was insured, but his name was not on the insurance policy.

According to my insurance adjuster, since the guy had no insurance, then they will simply cover my damages and waive my deductible since I have the uninsured motorist coverage.

But I'm just wondering why my insurance company is willing to swallow the $9000+ cost and not try to take action against either the driver, the truck owner, or the trucking company.

I mean, if I were to drive my friend's car, and hit another car, does that mean that no one will be liable for anything since my friend wasn't driving it? That doesn't make much sense to me.

Is anyone familiar with CA traffic/accident laws? What should happen in cases like this?
I mean I would be more than glad to sue the trucking company, since I think they are criminally negligent for letting an uninsured person drive one of their trucks, but my insurance company doesn't seem to be interested, so I wasn't sure if I should bring it up with them. I guess I just thought insurance companies always try their best to make the other party pay for the damages...I wonder why they aren't in this case.

I was thinking if I filed a lawsuit, would I be able to get some compensation for stuff like rental car fees, loss of value on my car, etc?....

Last edited by tehkao; 08-11-2005 at 08:43 PM.
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  #2  
Old 08-12-2005, 07:18 AM
Fast Bob's Avatar
Fast Bob Fast Bob is offline
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Stop trying to make a Federal case out of this....as long as your car was repaired to your satisfaction, just let it go. There are *lots* of people who have a driver`s license, but don`t own a vehicle, so how would they be insured? These same people still have to work for a living, and some of them are truck drivers....that`s life....

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Old 08-12-2005, 07:34 AM
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Double Vanos Double Vanos is offline
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Location: Austin, Tx
 
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Mein Auto: 2011 135i M Sport
Quote:
Originally Posted by Fast Bob
Stop trying to make a Federal case out of this....as long as your car was repaired to your satisfaction, just let it go. There are *lots* of people who have a driver`s license, but don`t own a vehicle, so how would they be insured? These same people still have to work for a living, and some of them are truck drivers....that`s life....

Regards,
Bob

Yeah but what will happen when uninsured drivers outnumber insured drivers? I see this around here all the time people get in accidents and dont have insurance and all they get is a ticket. They should be taken to jail just like any other offense but since most of them are illegals, there isnt enought room to hold them. Sooner or later the scale will tip and guess whos going to foot the bill? US!
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  #4  
Old 08-12-2005, 08:10 AM
bitmouse bitmouse is offline
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Location: Houston, TX
 
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Mein Auto: 2000 323i
That's weird. I would figure that the trucking company's insurance would cover its employees.
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  #5  
Old 08-12-2005, 08:21 AM
Bill97Z Bill97Z is offline
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If your insurance goes up, file a civil suit against the driver and trucking company to cover it...........and then some.
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Old 08-12-2005, 08:55 AM
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Fast Bob Fast Bob is offline
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Quote:
Originally Posted by Double Vanos
Yeah but what will happen when uninsured drivers outnumber insured drivers? I see this around here all the time people get in accidents and dont have insurance and all they get is a ticket. They should be taken to jail just like any other offense but since most of them are illegals, there isnt enought room to hold them. Sooner or later the scale will tip and guess whos going to foot the bill? US!
You`re missing the big picture.... the VEHICLE is covered by the employer`s insurance, which covers the liability issue....your suggestion only becomes a problem when the uninsured driver also *owns* the vehicle involved, or if the vehicle`s owner is not insured, which is a crime in many states.

Regards,
Bob
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Old 08-12-2005, 08:58 AM
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LmtdSlip LmtdSlip is offline
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A small calims suit might be in order to recover ancillary costs you have incurred due to the accident.
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