What are Some Auto Insurance Problems in Getting Paid Post Accident?

Michael Ehline at the court
The United States Supreme Court.

California has a law requiring minimum liability insurance to drive here. But there are many loopholes and shortfalls that could leave you broke and disabled and with no insurance to pay for it. Remember that people with nothing to lose flock to Cali.

Sanctuary cities can harbor foreign rapists and felons. And many undocumented drivers are uninsured and on the highways. It could be they have little to lose. But the fact is, the government encourages scofflaws to drive our roads.

Because of this, we will discuss how to protect yourself. And this remains vital to guard against uninsured and under-insured drivers. For a little extra coin, you can get coverage for darting objects, to a hit and run.

PROOF of Minimum Liability Insurance Is The Law.

It’s the law that you carry proof of insurance if you drive. You must have a bond or minimum 15/30/5 insurance coverage. Otherwise, you can't get a Driver’s License for a non-commercial passenger vehicle.

On California’s roads, every day, even licensed drivers have no insurance. Many people ask how that could be. After all, the law says they must have coverage. Don't criminals obey the law like everyone else?

There are Many Undocumented Aliens and Others With No Car Insurance.

An illegal alien is someone who entered the country without permission, who is not a citizen. It could also be someone overstaying a Visa who came legally. It used to be these people were deported and sent home.

Progressives like to say no one is "illegal" and that we are all people. The right says every other country has borders and laws and so should we. Taxpayers and vehicle drivers ultimately pay a terrible price for our broken immigration policies.

At some point, politicians gave illegal aliens Driver’s Licenses. And the rationale was that it would assure proper insurance. After all, you cannot get insurance with no valid license to operate a vehicle.

Car Insurance is Expensive to Many Who Just Need a Car.

So, the story goes, that makes us all safer. Also, to register a car, you need insurance proof. So you can't finance a car or register one without proof of insurance. But car insurance is expensive. Many people are here illegally. If not, they live under the radar. Or these are folks who cannot afford auto insurance.

They could barely afford to buy a car. In any event, they just need to get around in a car. The bottom line is that legal criminals and illegal criminals are evading our insurance laws. Or down and out folks simply can't afford more than the minimum. The problem is made worse by allowing illegals into the country. But it will probably never completely go away.

The 3 Day Recision Period Allows People to Register a Car, Get Coverage and Cancel.

The truth is, law breakers buy auto insurance and cancel once they have insurance documents. You heard right; people will cancel their newly purchased policies. And they will do so within the three-day right of rescission period. You see, they now have PROOF of insurance.

And to get insurance, you need to show the insurance agent proof you have a driver's license. Then you go to the DMV and register your car or get a license.

The Purchase and Cancellation Game Is Common Place.

It is a consumer's right to cancel certain items within three days of purchase. And you don't need all three days to get a car registered. So it is a cat and mouse game. People buy the policy, get the official documents and cancel the policy. Simple as that.

How do I know this? Simple, I used to sell auto insurance. I remember the SR 22 drivers and illegals using bogus identities buying insurance. Now it's even easier for them. They can get a real driver's license. But again, they need to carry proof of insurance and registration.

Drifters Drift Away.

So in this case, the other driver shows proof and ID at the accident scene. That is the law. Now you will call the adjuster for his insurer. Guess what; they say the policy was canceled. You are out of luck. And you will probably never hear from the other driver again.

They will disappear. Mostly their info was false. The phone number was to someone else. And even the address was to some vacant lot. So you see, this is what injury attorneys deal with on a day to day basis.

And even if you could locate them to sue, why would you want to? Most of all, these are people gaming the system and living off the grid. So it makes sense they would not have assets to satisfy a judgment.

Illegal Drivers and the 3 Day Cancellation Period Loophole.

As discussed, people need to get cars registered to get plates and tags. If not, they will get pulled over. Once their vehicles get registered, they cancel the policy in the three-day period. But now they had a car with tags, and "proof of insurance." See how easy that was?

A licensed, uninsured person is now rolling down the I-10 freeway. There are in fact thousands of licensed commuters on the roads daily. Many have no vehicle insurance at all. But even if they do have it, minimum coverage means that many cars are technically under-insured.

Even With Coverage, an Underinsured Problem Arises.

  • Example - Volkswagon With Basic Coverage Hits a Roll's Royce.

An example would be a Volkswagen Beatle T-boning a Rolls Royce at an intersection. $5,000 in property damage coverages is not enough to pay for the body damage and diminished value of the once Cherry Rolls. The Rolls probably purchased its own UM/UIM coverage for accidents as imagined above.

Hit and Run and Drivers with No Coverage Problem.

A huge problem with many uninsured drivers is that even if it's not their fault, they may be more likely to leave the scene of the accident. It is also more likely they have no health insurance. Probably no med-pay coverages exist either. Let alone are they able to pay for medical treatment or car repair.

This may leave you in compliance with a bad taste in your mouth. You are probably the few Republicans left in the State. You're the ones feeling and thinking that we who play by the rules are helpless.

Fortunately, this is not always true. With the right assistance, you can get justice. So the first thing you responsible folks must do is get more coverage than you need.

Below I will show you how for a few more bucks a month, you can cover yourself. Now you have less to worry about when in a UM/UIM situation.

What Insurance Should You Should Buy?

at a minimum, beyond basic coverages, buy:

  • Comprehensive. ("Comp").
  • Collision Coverage. (Read More here.)

Unlike the property damage (“PD”) coverages all drivers must carry to cover minimum damages to the other person’s car, collision coverages are additional insurance that you pay extra for, to deal with your vehicle’s repair or replacement costs.

Typical examples of events covered are if your car crashes into an object or another vehicle. Or a scenario if it rolled over. This coverage is designed to fix up or replace your ride after a bad wreck. Whether a simple fender bender or a bad wreck, it covers you for an uninsured person. Even if it’s your fault, you paid coverage for this.

Others Deep Pockets.

When you fail to buy additional coverage from your insurance broker, you can get a smart lawyer to seek out the defendant’s assets. This expert will "DOE in" other potential defendants. This means when others are found to be at fault, they can become added to the pleading. And hence, they are "DOE'd In." Making sense so far?

These others can be employers, and even the city, state or federal governments. Often they are the agencies responsible for maintaining a dangerous condition. So imagine a pothole on a public roadway, for example.

Or imagine a failure to install or maintain a guard rail at a blind corner? There is always more than one way to skin a cat. If hit by a UM or UIM driver it does not mean you have lost yet. A lawyer can try to find deep pockets. And big injuries will mandate a settlement to pay all the damages.

A good lawyer will be able to argue a supervening, intervening event interfered. So that is what caused, created, added to the injuries. What if you were forced to take evasive action? Perhaps you had to avoid hitting an unattended child? Maybe that child had wandered beyond the gates of his mansion? So now the little tike crawled into the main coast highway?

That may be a claim against the wealthy parents for negligence. Even when you don’t have an ace in the hole, a crafty lawyer will always find a way to put his client in a position of strength. At least in negotiations and outcomes, there are multiple parties to pay.

Do You Need a Lawyer to Guard Your Rights?

yes you do! While, as discussed above, the law requires drivers to carry car insurance. They only need this to get a license and registration. In fact, there are cases where licensed drivers do not have it at all. So if injured in an accident with an uninsured driver, you will need full coverage. And you will also need legal assistance.

Ehline Law has attorneys specialized in the field of uninsured drivers and has dealt with similar cases in the past. When this occurs the fiscal and emotional burden is rough.

Lawyers Can Challenge Smug Insurers?

Yes they sure can. Ehline Law is familiar with the intricacies of the law and insurance's pernicious practices. These lawyers can get you the maximum coverage for such a situation. Also, we can use the uninsured motorist law to challenge your insurance company. We can demand the damages sustained be paid.

This will make sure that your insurance company will then pursue the wild party too. And they can force that party that party to pay. Of course, the insurance company will likely not like to do this. But that is why you paid extra.

An expert lawyer can directly challenge the offending party too. This could involve an out of court settlement. Or it could be a case in front of a judge. Either way, the need for prompt legal assistance is paramount.