I was stopping before going right due to cross traffic and got rear ended. It was a yield right turn to get onto a highway so I guess she assumed I was just going to book it. She called the cops before I had even gotten to her car, and we went through the whole process, both cars are totalled and towed away.

    I was given her insurance information from the cops. She got a citation for not having enough room to stop or something like that. I filed a report with her insurance company same day of accident, she never contacts her insurance. It takes the insurance company 12 days to request for police report from the system (I gave it to them day 1) and a further 10 days to reject my claim on the basis of the driver not being insured.

    I am confused cause the officer was the one who gave me all the info, and I saw him double check both our IDs (technically she had a picture of her ID and not the physical license itself) to get our insurance information from the state database, so how would she not have insurance?

    I've filed with my insurance company (I do have uninsured motorist, thankfully), but will probably have to eat the some of the storage fees due to not having done it immediately (lesson learned). Do I have any recourse against the uninsured driver? or their insurance company due to them taking so long?

    Got hit by an uninsured? driver in Austin Texas
    byu/bad_obi-wan inInsurance



    Posted by bad_obi-wan

    4 Comments

    1. It sounds like they investigated in a reasonable time frame. As far as why she is not insured through them, that could be a number of reasons. What exactly would you be going after the uninsured driver for? You leaving it in a tow yard is unfortunately on you.

    2. >Do I have any recourse against the uninsured driver?

      You can sue her for any damages not covered by your insurance.

      >or their insurance company due to them taking so long?

      No. You have the responsibility to mitigate your damages. Honestly your claim moved pretty quick, people post that their claims have taken *months*.

      The police can verify is the vehicle ‘has’ insurance. They can’t actually make coverage decisions. That’s for the insurance to review.

    3. Police can take all the info down but they do not have control of how much(or if at all) the amount of insurance a person has. What might have happened is the person who hit you does not have enough to cover the damage they caused (just speculating) and in that case the other insurance will tell you to go through your own.

      Nothing that you can do about the storage fees. In my own personal instance when I got hit storage fees caused damages to go over the liability limits. Sucks that companies sometimes drag their feet

      Your insurance company will pay you out and will recoup the costs from the responsible party

    4. cantstandthemlms on

      My current car insurance policy lists as being 6 months…. I’m in Texas too…but it is being paid monthly. If I stopped paying and was in a crash 2 months later it would look like on paper I was insured. The officer was just exchanging the info…but the actual policy status gets confirmed when you make the claim. File with your insurance co and let them figure it out.

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