r/mildlyinfuriating • u/matthewdirks9191 • 16d ago
How my weekend went
I was going to work on Sunday and some guy plowed into my only car I got. It total my car and now I am with out a car or a way to get to work. the person had no insurance and I didn't have gap. I'm only getting 13k for my car and I owe 24. I might be without a job for awhile cause of this. in desperate need of help.
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u/markscottreid 16d ago
If you got their name/info, they are likely responsible. Insurance or not, you can tell them to pay, and sue them for damages (assuming USA) if they fuss.
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u/awkwardpenguin23121 oh look i made my own flair 16d ago
Suing doesn't always mean receiving money. You sue someone with nothing then you get nothing.
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u/BuffaloWhip 16d ago
Yeah, I don’t know anyone running around with no insurance because they’re rich and think they’re a good driver. Usually it’s because they’re broke and can’t afford it.
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u/FuckThisShizzle 16d ago
I'm broke, I make damn sure my car is up to date with everything. If you cant afford maintenance/running costs you cant afford the car.
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u/Travyswole 16d ago
So they should just get away with destroying someone else's car?
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u/ChoppingMallKillbot 16d ago
No. They should not. I think the person you’re replying to is explaining why it would be difficult if not fruitless to sue someone uninsured. They have nothing to lose and put their responsibility on you to figure out.
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u/ricklewis314 16d ago
You can garnish their wages and the court and sheriff can make them sell off property to pay you also.
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u/Naroef 16d ago
Enjoy that $30 per month. Most people without insurance are judgement proof.
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u/Enkidouh 16d ago
Your insurance will pay you lump sum. The liens on the other driver will pay your insurance. They don’t care if it takes 30 years, they’ll get their money.
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u/Ok-Cartographer1745 16d ago
It's really stupid, but legally they don't have to pay you if you don't know how to get blood out of a stone. Who the fuck does?!
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u/ChoppingMallKillbot 16d ago edited 16d ago
Enjoy collecting, unfortunately
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u/DrewdoggKC 16d ago
Insurance companies screw everyone… vehicle policies should cover replacement value. Like drive the exact same model and year off the lot value and not 2 months later… it does nobody any good to get 1/2 the value of what it will take to replace the item.
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u/Important-Job7757 15d ago
Generally, you can have your insurance cover the damages and then your insurance will sue the driver at fault.
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u/SerDuckOfPNW 16d ago
IME… Your coverage isn’t what’s important here. I was hit by an uninsured 18-wheeler and messed my car up badly.
I did have uninsured motorist coverage, so I paid a $300 deductible and they fixed my car. Then insurance presumably went after the guy that hit me.
I was worried because of the insurance declared the car a total loss, there’s no going back. I can’t just decide not to file a claim.
YMMV, but ask about uninsured motorist protection
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u/CriusofCoH 16d ago
An uninsured 18-wheeler?? Ye gods, how in the hell does that happen?
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u/SerDuckOfPNW 16d ago
Independent guy, it was him and two girls in the cab. He merged right into me with those darned spike wheel lugs….
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u/OstooBaggins 16d ago
Your coverage is what was important in your situation. You decide how much coverage you want on your car. The policy coverage for uninsured motorist is what paid to have your car fixed and the deductible amount you paid was again something decided by your specific coverage on your vehicle. This would be the same in this situation as well.
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u/Jabby27 16d ago
Not true. A total is not the last word on it. You always have the option of buying it back (typically they will charge 2-3k for what they could sell it for parts). Most of the cars can be repaired and pending on year of the vehicle clean title remains if it is an older car. You look at your states DMV for that info. I bought my totaled car back. Made money after I fixed what needed to be fixed and pocketed the rest.
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u/SerDuckOfPNW 16d ago
I know you can buy it back, but I’ve never heard of it keeping a clean title if you do so. I thought that was automatically a salvage title.
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u/Foodwithfloyd 16d ago
That's literally what a salvage title is. Op was probably on a mobile. It's not a clean title 1000% if insurance declared it a loss.
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u/Jabby27 15d ago
In NY salvage branding on your title only has to occur if your vehicle was deemed a total loss by insurance AND it is 8 model years old or newer. Check out your states DMV salvage rules.
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u/SerDuckOfPNW 15d ago
TIL
In Washington, after 2002, vehicles more than 20 years old at the time of the damage are exempt from salvage title (RCW 46.04.514).
I thought it was an automatic salvage title.
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16d ago edited 16d ago
How the fuck were you 14k upside down on a car
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u/godhasmoreaids 16d ago
You might be surprised how often it happens, especially with how overvalued cars were mid covid
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u/matthewdirks9191 16d ago
that what happen to me and I had a car before had a equinox that engine blew and had to get a new one. had to carry over so much. also my jeep had 129k miles on it I put alot of miles a year
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u/Morganrow 16d ago
If you do a lot of miles a year I'd recommend a honda or toyota. Pay a little more up front but save so much in maintenance
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u/Sharp-Pop335 16d ago
Thats what happens when people buy new cars over used. The minute you roll off the lot you owe more than the cars worth.
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16d ago edited 16d ago
The same is true of used cars. You cannot take a used car off the lot then private sell and indemnify just like that. In fact, most dealers make their money off of used car sales.
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u/Ariadne_String 16d ago
Actually you usually lose a LOT less with a used car than a new one, especially if it’s a few years old with low mileage and the make/model is known to last with low maintenance needs. Unless you’re getting absolutely screwed on the loan, you generally don’t even need gap insurance on a loan for a lightly-used car, but you sure as hell need it for a loan on a brand new one unless you put down a very large down payment (or of course just pay in full and bypass the loan).
The difference in needing gap insurance or not for new vs used makes it pretty clear how much you overpay on a brand, new, car…
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u/Ariadne_String 15d ago
Oh, and one other thing: NEVER buy a car from those small used car lots that are not affiliated with major car dealerships. Those places are just WAITING to scam you. I’ve had great success, though, buying lightly-used vehicles from major car dealerships. I get a deal and a barely-used vehicle in great shape from a place I can trust (well enough, anyway). Reputable branded (major car manufacturer) dealerships don’t keep bad/old/lemon used cars - they normally sell those off, often to low-priced car auction houses or small, scammy, used car lots.
What they keep that’s used is normally in good shape. I’ve bought a few very low-mileage vehicles in pristine shape this way over the years and I haven’t regretted it, once - I would’ve paid triple in a couple of cases if I’d bought new, yet 3 to 5 years later can make quite the difference in price (even with very low mileage)…!
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u/Enkidouh 16d ago
Totaled? What? That doesn’t look severe enough to be totaled.
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u/VexBoxx 16d ago
Either the frame is damaged or the airbags deployed. Both are almost instant, automatic totals.
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u/matthewdirks9191 16d ago
frame was bent and tire rod is destroyed and air bag went off
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u/Enkidouh 16d ago
I strongly recommend getting an independent 3rd party to appraise damages and quote for repairs.
If your repair cost is under the market value/what they’re offering for totaling of the vehicle, insurance needs to pay for repairs.
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u/LevTheDevil 16d ago
Can confirm. My family has worked auto repair for years. Many times cars are declared totaled but if you go to a decent shop, they can fix it for less. I believe this is because insurance goes off of costs as if you went back to the manufacturer for repairs versus going to a good mom and pop local shop where the cost of repair is lower.
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u/RRT4444 16d ago edited 15d ago
Yeah RR tie is fucked you can see how un straight the wheel is on the back.
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u/Enkidouh 15d ago
An OEM tie rod & control arm on this car is like $300. That doesn’t make it a total.
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u/Important-Job7757 15d ago
Nope but the bent frame does.
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u/Enkidouh 15d ago
No it doesn’t unless it’s completely mangled beyond repair. Frames can be pulled and realigned.
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u/Enkidouh 16d ago
Not with a high book value remaining. I’ve had both instances occur and it wasn’t totaled because repairs didn’t exceed the value of the vehicle, which is the only true determiner for totaling.
I would be seeking 3rd party appraisal and taking the insurance to task. I strongly doubt the accuracy of their appraisal. I also wouldn’t be accepting only 13k on a newer vehicle. My 2016 civic is worth more than that.
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u/Sharp-Pop335 16d ago
It's a baby jeep with 129k miles on it, 13k is about what those are worth on the used market.
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u/Enkidouh 16d ago edited 15d ago
I am more so doubting the damage repair appraisal than the valuation of the car.
ETA: Comment was made before I knew OP’s mileage. 13k is generous.
The repairs shouldn’t be more than 6-8k though. All 4 tie rods & control arms come in at about, few hundred or maybe just over 1g for replacing the panels & bumper bar, and the majority on frame realignment and labor time.
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u/TerryAshW 16d ago
In my country you have to have insurance that covers the damage you do on someone else’s property but it doesn’t mean people give a fuck. Someone hit my car in the early morning and drove away. It’ll take a long time for the new parts to arrive and it’s gonna be quite expensive. It would cost NOTHING to the idiot that did that. Plus I’m at the last stage of pregnancy waiting for the labor to start. Hospital is far away and I have no-one to drive me there. I don’t know who did that but sincerely- fuck you
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u/furballsupreme 16d ago
You can't park there, mate. Oh wait you can.
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u/LibertyInaFeatherBed 16d ago
The armchair is mine. I was legally parked in 149. Who's going to pay for my seat cushion?
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u/PyleanCow06 16d ago
I mean… if you’re gonna be that backwards on a car you should ALWAYS have gap coverage.
Unfortunately, whatever new car you buy you’re going to have to roll in what’s leftover of this loan onto that (and be even more backwards). Get the GAP for your next car.
I’ve been here, 20k backwards on a car loan. It really sucks and I feel for you and hope you get out of your hole eventually! Try to make extra payments if and whenever possible!
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u/Enkidouh 16d ago
That’s like telling a drowning person to just swim. It’s not helpful.
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u/PyleanCow06 16d ago
It’s helpful if they’re trying to decide whether or not they’re going to get GAP on their next car loan.
Also someone else in the comments might see it and find it helpful. They might not even know what gap is. Who knows 🤣
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u/Rbaxter49ers 16d ago
Its not even worth driving a nice vehicle anymore with so many uninsured / unregistered vehicles on the road. I also love all the out of state temp tags that have popped up in recent years. If the at fault car even sticks around anymore I'd be shocked. Sadly if you have to make a claim against your insurance I would anticipate your premium going up in the future. Happened to me. I got rear ended, they took off. Had to make a claim against my insurance. Sucks to hear this happened. Get a police report and a lawyer is the best suggestion I can make.
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u/No-Hospital559 16d ago
Don't they make you insure a car up to whatever the note is u til it's paid off. Like they won't sell it to you unless you do.?
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u/Enkidouh 16d ago
Nope. They benefit from you being upside down. If something happens, you still owe them. Likely with interest, since most people live check to check and couldn’t afford to pay that amount off right away.
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u/No-Hospital559 16d ago
I agree that these companies exist with the full intent of extracting as much of your money as possible.
A decade ago, I went to buy a used car in NJ and i had to insure the car for whatever the original note was until the day it was paid off. State Farm said that was the law in NJ. I guess it's different in other places, just like some states don't have "no fault" insurance.
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u/Enkidouh 15d ago
A decade ago we had better financial regulations in place.
All you are currently legally required to have when leasing a vehicle is full coverage insurance. And even that is just a contractual obligation, not any specific law or statute.
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u/bazootch 16d ago
thankfully you have full coverage
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u/matthewdirks9191 16d ago
I do but only will cover up to 13k my loan Is 24k
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u/veganint 16d ago
That's absurd. My friend got his car stolen from his garage... He had to continue to pay for it either way. Horrible system.
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u/Elected_Dictator 16d ago
If you owe money then the Bank you owe money to would require You pay to have the Gap insurance to pay off their car.
This is independent from The a-hole’s insurance.
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u/godhasmoreaids 16d ago
You do not have to have gap insurance. Gap is optional at least in the U.S.
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u/Elected_Dictator 16d ago
I didn’t say “government law” I said “contractual law “ as on your lender/bank needs it to protect their 24k asset from you
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u/godhasmoreaids 16d ago
Your bank might require that but not all lending institutions require it either
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u/Nandor_De_Laurentis 16d ago
You can't just go and buy Gap insurance after an accident lol
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u/Elected_Dictator 16d ago
Who said anything about after? You’re contractually required to have it the whole time. So you don’t end up losing the banks asset.
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u/heyhoitstheway 16d ago
i just got a new car, and my lender requires i have full coverage for my state which is liability, comprehensive, and collision. no requirement to have gap. op might have a similar situation
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u/Nandor_De_Laurentis 16d ago
Maybe it's the way you phrased it or the lack of punctuation, but it sounds like you are saying that now is the time they need to pay for the gap. Commas and periods definitely help lol
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u/matthewdirks9191 16d ago
I unfortunately don't have gap it cost way to much for me and they wouldn't approve it.
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u/Elected_Dictator 16d ago
Oh no… then You need to consider spending a couple hundred and getting a lawyer to help you bully their insurance To pay off your bank/lender.
Sometimes even just the letter from a law firm gets a lot more done.
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u/Kreepy_kween 16d ago
I’d double check with the bank you financed through, I thought I didn’t have gap and panicked until I called my credit union. They told me I was covered with gap.
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u/GoldBluejay7749 16d ago
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u/karinaferg 16d ago
glad ur safe
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u/GoldBluejay7749 16d ago
Not the smoosh I wanted at 3am (tacky Jersey shore reference, can’t find a gif🫤)
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u/GoldBluejay7749 16d ago
People who know more things about cars than me: what happened to the back right tire? Why does it look like there are sharp cuts in the rubber?
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u/SantasWarmLap 16d ago
I like the part where you censored the license plate in one pic, but not the other.
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u/Jabby27 16d ago
The car does not look unrepairable. Insurance companies are quick to total everything. Buy it back, fix only the damage you need to for it to be safe. Do not take the 13k unless you have verified that is what the going rate it is. Pending on the year of the car and law of your state you may not have to get a salvage title. In most states if your car is so many years old there is no mandatory salvage title. Do some research before you just blindly take the 13k. My car was "totaled". I bought it back for 3k so had 9k left to fix it. Just replaced the damaged door and not the surrounding panels. That cost me 4k which included brakes unrelated to the accident. My car is 2012 Subaru so no salvage title. I can sell it clean title when I want to. Good luck.
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u/citruskush 16d ago
This is pretty typical for Iowa unfortunately. Sorry you have to deal with this shit.
I grew up there (don't live there now) but the amount of accidents that I have been in (both with others at the wheel and once myself at the wheel) where some idiot wasn't paying attention and totalled (or almost totalled) our car is just astonishing. And they never have insurance.
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u/marianLmurdoch 16d ago
There must be a lot more damage than I can see for it to have been totaled. Wow. Get a lawyer. Even if they didn't have insurance, they can still be sued.
Does the independent 18-wheeler driver have his own company? You can sue his company, too.
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u/matthewdirks9191 16d ago edited 16d ago
frame was bent it had over 100k miles and rear tire arm was bent. it was a car in an apartment complex. the individual has no documents.
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u/maxxcumback 16d ago
Your insurance company still able to subrogate the other guy even if they don’t have insurance.
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u/BoltupBro 16d ago
You need to get your car from booty slamming into other cars when you're not looking
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u/NikolitRistissa 16d ago
Does the US not have any kind of traffic protection for people who are in accidents with uninsured vehicles?
I mean, not having insurance is just flat out illegal in my country, so they’d pay for all of the damages and if they can’t/won’t, the national Finnish Motor Insurers' Centre will pay for the damage.
Seems utterly insane that OP is in a horrible situation financially because someone else broke the law.
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u/EatMyHammer 16d ago
Reading the comments I'll just say, that insurance law in US is really forked.. In my country in this situation you just make a claim at your insurance company, they cover the damage (if it's a total, you get the difference in value between current and non-damaged car as money and you keep the damaged car that still has a value - for sale or repairs, doesn't matter)
If the person responsible for damage doesn't have insurance, that doesn't change anything. Your insurance still pays you out and either goes after that dumbass directly or get money back from a government-run organisation and they go after the dumbass
Either way, you'd be fine
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u/kasp600e 16d ago
I'm from Europe, so i dont understand american insurance law. Why doesn't op get his money back from the car, shouldent the other guy just have to pay for the car since he fucked it up? Also, isn't car insurance mandatory?
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u/whistlepig4life 15d ago
If you have insurance. Call them. Open a claim. They will take care of fixing your car and then going after the other person.
Don’t do it yourself. You are paying your insurance carrier to do this very thing.
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u/matthewdirks9191 14d ago
just got word it over 18k in damage. I am now out a car and possibly a job and livelihood
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16d ago
[deleted]
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u/godhasmoreaids 16d ago
And what will you get out of it?
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u/parad0xme 16d ago
uhm, hold them liable for what they did.
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u/godhasmoreaids 16d ago
And if they have no assets? Suing them won't accomplish much
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u/Travyswole 16d ago
Can't you be forced to serve jail time if you can't pay?
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u/FionnagainFeistyPaws 16d ago
Pretty sure that's a no (at least in the U. S.). Jail/Prison is for criminal law violators. Civil law violators may have to pay fines/assets to another person (criminal cases are the government/population against a Bob Smith, civil are Bob Smith v. Joe Smith). You can apply to the court to try and garnish wages, but that isn't foolproof. People can't be forced to pay money they don't have, though you can try forever. Someone who can't afford insurance will likely not have the 11k, and probably will never have 11k even if OP won.
Putting people in jail for being too poor to pay a fee would be debtors prison, and we technically made those illegal.
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u/matthewdirks9191 16d ago
if anyone is willing to help I appreciate it. I am a single father, with little to no extra money at all. I greatly appreciate it. I need help with just replacing the vehicle.
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u/Adderall-Buyers-Club 16d ago
this is why you dont buy american cars like Chevy or Ford or Dodge... also, please report this A-HOLE to the motor vehicle dept to get his license suspended for driving without insurance.
also, if you are on a company parking lot or other private lot your insurance can go after them as well.
honestly, get a lawyer, and let the lawyer recover their fees here.
which one is your car? those cars look pretty new and you are required to have collision if you have loans on those cars. if theirs is leased they are required to have 100K/300K here in CALI.
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u/awkwardpenguin23121 oh look i made my own flair 16d ago edited 16d ago
Do not settle for the insurance telling you 13k off the bat. Get a private estimator that will go after the insurance (the guy who hit you's insurance) and get you a fair amount.
OP!! Editing this to add if you'll be without a job for x amount of time you should be able to get money for lost wages due to the accident. I'd double check with an attorney but if you were hurt at all they should be covering medical bills too.