How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Dwayne B. Your Own Question
Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33774
Experience:  Began practicing law in 1992
11068102
Type Your Legal Question Here...
Dwayne B. is online now
A new question is answered every 9 seconds

I was rear ended Friday morning on I70 - there was a serious

Customer Question

I was rear ended Friday morning on I70 - there was a serious accident ahead of me & we were all slowing down. The person behind me ran into my vehicle - has no insurance - just purchased his car on 9/14 - I called the police - they issued him a ticket for rear ending me but nothing for not having insurance. The police officer told me flat out that it was against the law NOT to have insurance - what recourse do I have if the other diver won't reimburse me for the damages?
JA: Because traffic laws vary from place to place, can you tell me what state this is in?
Customer: Colorado
JA: Has anything been filed or reported?
Customer: All I have is the police report - all I have is liability - I spoke w/them and there isn't anything they will do
JA: Anything else you want the lawyer to know before I connect you?
Customer: The minute I got out of my car & went to look at the damge, the fellow told me right away he didn't have coverage. I did get ahold of his drivers license & kept it until the police came. He didn't want the police involved & keep asking me for his license back - I had visions of him driving away...
Submitted: 11 months ago.
Category: Legal
Expert:  Dwayne B. replied 11 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

Customer: replied 11 months ago.
Thank you. ***** have any recourse? I haven't called this person as of yet & I thought him not getting a ticket for not having insurance was illegal in Colorado - that's the information the police officer told me at the scene
Customer: replied 11 months ago.
Please stop asking me for more money - I'm on SSDI & this whole thing is very upsetting since I'll probably have to pay to get my vehicle fixed
Expert:  Dwayne B. replied 11 months ago.

You need to check and see if you had Uninsured/Underinsured Motorist Coverage on your policy. If you did, then you can file on your insurance and your insurance will pursue him for what they pay plus your deductible (if you have one)

If you don't have that coverage then you can sue the other driver directly. If you get a judgment against him, and there's no reason you shouldn't, you can then ask the state to suspend his license(s) until he starts making payments to you (if you agree to accept payments) or pays the total.

I have no idea why the officer didn't give him a ticket for no insurance, they usually love to write those but sometimes they send it to the driver in the mail later.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered.

Expert:  Dwayne B. replied 11 months ago.

If you received anything asking for money it didn't come from me.

Expert:  Dwayne B. replied 11 months ago.

It could be something that the website automatically sends out.

Customer: replied 11 months ago.
I did call my insurance company - they said there was nothing I can do - my policy only covers the other party if there are med expenses
Expert:  Dwayne B. replied 11 months ago.

You want to ask for a copy of the "waiver of UM/UIM" then. If you didn't expressly waive that type of coverage then you have it but the insurance company won't tell you that.

Customer: replied 11 months ago.
According to what my proof of ins card says: coverages: BIPD UM UIM
Expert:  Dwayne B. replied 11 months ago.

The UM UIM is what you're looking for. It covers any damages you suffer as the result of someone not having insurance.

Expert:  Dwayne B. replied 11 months ago.

The BIPD is Bodily Injury and Property Damage

Customer: replied 11 months ago.
Physical damages to me or to my vehicle??
Expert:  Dwayne B. replied 11 months ago.

No, that one covers anyone that would have suffered damages due to your actions, the UM and UIM are what should provide coverage for you.

Customer: replied 11 months ago.
basically then, I didn't hurt anyone or their vehicle. I got hit by an uninsured person & I can either try to reason w/him or file a civil suit? Is there anything I might say in passing that I could casually insert into the conversation that might give me some leverage rather than going to court? Like it would add x amount of points to their driving record & the loss of their license if the facts were brought to light?
Expert:  Dwayne B. replied 11 months ago.

You can tell them they lose their license if you file a complaint with the state or if you file a lawsuit. That's absolutely true.

You can also file on the UM UIM that is on your policy. The insurance company made a mistake when they told you that you weren't covered. It's on your proof of insurance card.

Customer: replied 11 months ago.
According to my ins - I have NO coverage for my vehicle - okay I'll try again - I called the claims dept & also the agency office & both calls ended in me no having coverage - I'm flummoxed
Expert:  Dwayne B. replied 11 months ago.

You may have to get an attorney involved since it says specifically on your card that you have it.

Customer: replied 11 months ago.
I'm guessing you're not located here in CO?
Expert:  Dwayne B. replied 11 months ago.

No, but none of the experts on here can represent any customers of the website anyway. It's part of our agreement with the website.

You can find a lawyer to assist you by going to www.lawyers.com and in the section for Area of Practice enter Civil Litigation or Consumer Law. Either of those will have the skill set you need.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.

Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered.