Does this sound right?

[Burnadell]

The 1K shouldn't matter unless she overpaid for the car. The insurance company will replace the value of the vehicle which the 1k is part of. Now the 250 yes she will eat that and could sue but man, who would want to go through all that fun for only 250 bucks.

Filing suit in small claims court (Justice of the Peace) is nothing more than filling out a form. They send notice of the suit to the defendant, If he does not answer, she gets a default judgement which is what happens most of the time. She files the judgement in the county courthouse, and someday id he ever tries to sell real estate, she will get paid with interest.

[LWD]

So I got a better rundown from her this morning, there was no money put down on the car so that is why they are getting just payoff for the car. Yes she is going to be out the $250 for the under/uninsured motorist. She is in a lot better mood this morning about it. I think the story got a little skewed yesterday because of her finding out he didn't have insurance and she was unsure of what this was about to turn into.

Highlights the problem with the "system." There's little incentive to play by the rules.

LWD

[Ætheling]

Filing suit in small claims court (Justice of the Peace) is nothing more than filling out a form. They send notice of the suit to the defendant, If he does not answer, she gets a default judgement which is what happens most of the time. She files the judgement in the county courthouse, and someday id he ever tries to sell real estate, she will get paid with interest.

I just meant driving to the courthouse, waiting in line for hours, making friends with all the fun people that frequent the place At least in Houston its gonna cost you many hours of your time to file of which I would gladly eat 250 bucks for.

[SMUMan02]

She really should contact a lawyer. PM and I'll give you a couple of names. They can help her deal with her OWN insurance company if they won't pay for the damage and her medical bills if she has any.

[flywise]

I got thrown in jail for a weekend and it cost me nearly $700 for driving with out insurance.
Been many years ago, but now as a fireman i work several dozen accidents a year where ( typically) the person that caused the accident in of spanish decent and has no insurance and they get wo walk away with out so much as a ticket

[Hollywood]

Their vehicle should be towed immidiately, this would also prevent the possibility of another uninsured incident while they are still driving uninsured.
Pay a serious fine as well as impound fees. Vehicle will not be released until proof of 6 months of insurance is applied to vehicle.
This would stop a lot of this.
Oh, & if they are illegal, call ICE

MAGA

[The Gipper]

Use to be and this is going back a while your second no insurance offense was a class b misd. Of course they changed that I think late 90's. In this instance giving him a ticket isn't going to get her car fixed any faster. We can check the statues of the insurance on the computer in the patrol car which in this case prob didn't happen. Like said above nothing is a sure thing and sometimes things slip through.

[Slew]

I got thrown in jail for a weekend and it cost me nearly $700 for driving with out insurance.
Been many years ago, but now as a fireman i work several dozen accidents a year where ( typically) the person that caused the accident in of spanish decent and has no insurance and they get wo walk away with out so much as a ticket

But on the flip side you scratch their bumper they're carted off on a stretcher seeing dollar signs. IMO people shouldn't be allowed to collect if they are uninsured and on the road. 20 years ago when I started in insurance they said 35pct of the people on the road were uninsured. No telling now. I know that number hasn't went down though!!


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[EliteDriver]

She really should contact a lawyer. PM and I'll give you a couple of names. They can help her deal with her OWN insurance company if they won't pay for the damage and her medical bills if she has any.

Haha...where in this entire thread did you get the impression her insurance company wasn't paying for her car?

I see you are an attorney....carry on!

[SMUMan02]

Haha...where in this entire thread did you get the impression her insurance company wasn't paying for her car?

I see you are an attorney....carry on!

I don't typically respond to people like you who apparently desire to be a smart alec, but that impression came from right here: Supposedly she has to pay $250 for uninsured motorist and her insurance is going to give her enough for payoff on the car. I have no idea how much she put down on the car. But she had the car 4-5 hours max and now sounds like she's going to be out any down payment she made"

Enough to pay off the car is not what you are entitled to from your insurance company. And yes, I am an attorney, but no, I don't do car wrecks that's why I said if he PM'd I'd give him some names. Sometimes, if a comment is not directed to you and has no impact on you, it's best to just move along.

[flywise]

But on the flip side you scratch their bumper they're carted off on a stretcher seeing dollar signs. IMO people shouldn't be allowed to collect if they are uninsured and on the road. 20 years ago when I started in insurance they said 35pct of the people on the road were uninsured. No telling now. I know that number hasn't went down though!!


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Agreed

[tvc184]

Our secretary at work, bless her heart, she can't catch a break. Her 19 yo daughter finally was able to purchase her a new to her car this past Friday. Gently used car, can't remember exactly what kind. Well she bought it in Mineola, drove back to Tyler and she was rear ended by a guy while she was sitting at a red light. He was supposedly texting. They totaled her car, the other driver provided insurance and all was good. She found out today that the guy had provided an insurance card of insurance that he did not even pay the first months payment on so it was delinquent/cancelled. She talked to the police today and asked if there was anything they could do, she was told no because he provided "proof of insurance" at the scene.

Is this seriously legit, so someone can drive around with cancelled insurance and basically get off free because they can provide an insurance card at the scene even though it is not valid?

At the scene the officer probably could have done nothing else except verify or try to through the registration.

We use a different system where insurance is verified through the vehicles registration. Nothing is flawless though. They could be issued a citation but that would be about it.

Glen has the answer however. The police have two years to issue a citation. The law does not say you are required to possess a piece of paper. It says that you must have (establish) financial responsibility.

Below is the actual law.

Sec. 601.051. REQUIREMENT OF FINANCIAL RESPONSIBILITY. A person may not operate a motor vehicle in this state unless financial responsibility is established for that vehicle through:
(1) a motor vehicle liability insurance policy that complies with Subchapter D;
(2) a surety bond filed under Section 601.121;
(3) a deposit under Section 601.122;
(4) a deposit under Section 601.123; or
(5) self-insurance under Section 601.124.

So the police could go back, find the driver and issue a citation. We do it at my department all the time. Does that do your secretary's daughter any good? No unless it is simply the satisfaction of the other driver paying a fine that will be kept by the city and state. The collection of any damages will be a civil matter between the drivers. Unless the guy has a lot of assets, good luck on collecting any money in a lawsuit.

Assuming she has full coverage on a new (to her) vehicle, they should pay and they will likely try to recover any loss.

[Trkhunter]

I feel like if officers were at the scene of the accident and the guy provided an expired insurance card, the officer he showed it to should have seen it and the police department should be held responsible along with the guy with expired insurance

How should the police department be held responsible? Police department didn't cause damage to the car.

[Ishi&Elvis]

Always carry uninsured/underinsured on your policy. State minimums are too low in today's market. Be safe, pay a little extra and be responsible when others are not. It will save a lot of headache.

[mikemorvan]

A few years ago my wife was in the middle of multi-vehicle collision started by hispanic guys driving a roofing dump truck. She calls me, i go to the collision scene. After determining that she is okay, i turn my attention to the drivers of the truck. Cop stops me. I ask if they're insured. He says yes, and shows me a copy of a copy of a copy of a their pitiful insurance certificate. I tell him there's no way they're insured. He says they've shown him proof of insurance and there's nothing he can do.

Long story short, they're not insured, and disappear. Our insurance company is left holding the bag for our car (totaled), and the van full of crippled folks my wife was run into.

I feel the pain.

(I think i used there, their, they're correctly throughout my post).