Uninsured driver smashed into my girlfriend.

[haggis88]

Hey guys, just looking for some advice

Girlfriend has already called her insurance to notify them, I'd just like some advice for my own peace of mind and to help her out if it comes to it - I don't really like her brokerage so want to have the knowledge from some experienced people

My girlfriend was leaving her hairdressers this afternoon in the NE (Martindale or Taradale I think) when an old guy came out of an alley and crashed into her drivers side.

All witnesses left the scene rapidly.

He had no insurance, license or registration on the vehicle...so the police were called and all that stuff went down properly.

What happens now with her insurance? She has a high deductible ($1000), which clearly can't be covered from the other side since they are uninsured - are we SOL on this? It's a 2009 Ford Ranger that she still owes money on (loan buyout is roughly what the truck is worth right now)

She's currently at the clinic to be seen for back and neck pain...i assume he hit her relatively hard as she couldn't open the doors and its broken the axle.

Never had to deal with a claim in Alberta before, so just looking for some advice etc.

[JustinMCS]

lawyer up and sue your problems away ;) wait for insurance gurus like maskedbandit to chime in!

[rage2]

If she has comprehensive (which she's supposed to have on a financed vehicle), then she'll have to pay the deductible but it'll cover everything, truck + medical. There's no lawyering up to do, insurance will do that on your behalf and sue the driver themselves.

If she only has PLPD on the truck, then for personal injuries she can go through this to make a claim:

https://justice.alberta.ca/programs_services/mvac/Publications_MVAC/TheAlbertaMotorVehicleAccidentClaimsProgramInformationResource.aspx/DispForm.aspx?ID=2

As for the truck, she would have to pay out of pocket to fix. She can sue the guy for damages, but good luck collecting on someone who can't even afford insurance.

[haggis88]

Yeah it's comprehensive coverage, thanks Rage

Do insurance companies here do the thing where they'll pay out and minus the deductible from your payout?

Happened to my parents in the UK when they were smashed into...insurance sent them a cheque with $100 taken off it!

[rage2]

If it's written off, yup. If it's getting repaired, there are repair shops that would waive the deductible if it's a big enough job.

[idriveabox]

Rage, you mean she has to have collision coverage. Comp insures fire, theft, falling object, hail etc.

[Tik-Tok]

Originally posted by rage2
good luck collecting on someone who can't even afford insurance.

Just because he doesnt have insurance, doesnt mean he cant afford it. Hard to get insurance without a drivers license.

[rage2]

Originally posted by idriveabox
Rage, you mean she has to have collision coverage. Comp insures fire, theft, falling object, hail etc.
Right. I always confuse the terms for some stupid reason.

[MrSector9]

Recently happened to my gf.

she had full coverage, other guy had none. On scene he got fined for no insurance and an unsafe lane change, we got marked as a non-fault accident.

Car was wrote off ($9000 damage on a 2011 Honda Fit) and they deducted the deductible from the total cheque.

I think the punishment for no insurance should be WAY higher then what it is.

[rx7boi]

Man, that really fucking sucks.

Not-at-fault and you still have to shell out a $1000 because some fag was driving without insurance.

[relyt92]

Originally posted by rx7boi
Man, that really fucking sucks.

Not-at-fault and you still have to shell out a $1000 because some fag was driving without insurance. Would be the same if her vehicle was hit and run when it was parked too.

[rx7boi]

Originally posted by relyt92
Would be the same if her vehicle was hit and run when it was parked too.

Yeah, I suppose so but it just seems like an extra slap to the face even though you have the guy dead to rights vs someone who fucked off and ran away (and that's if you have a dashcam or witness as proof of hit-and-run otherwise it's just a regular at-fault claim to fix your shit, right?).

[killramos]

You always have the option to not go through insurance and just sue that guy if you think that would end up cheaper.

:dunno:

[speedog]

Originally posted by rx7boi


Yeah, I suppose so but it just seems like an extra slap to the face even though you have the guy dead to rights vs someone who fucked off and ran away (and that's if you have a dashcam or witness as proof of hit-and-run otherwise it's just a regular at-fault claim to fix your shit, right?).
Such is life, sucks but that's the way things are. One CPS officer I know estimates that as many 15-20% of drivers in Calgary do not carry insurance on their vehicles.

As far as getting money out of the guy that hit her, good luck on that. I had a motorbike stolen some 29 years ago, the guy crashed it less than 10 blocks from where I lived at the time,broke one of his femurs in the crash, was apprehended by police, etc, etc. I went to court to recover costs from the guy because I didn't have theft insurance on the bike because it was being stored and the judge looked at me and said "look at the guy, do you think you have any chance of collection anything from him?". So lesson learned, theft insurance always after that and I took that loss on the chin.

All one can hope is that one is involved in an accident, is that the other party does have actual valid insurance. Odd thing is that I lightly reared ended a lady some 4 years ago, virtually no damage other than a scratch on her bumper. She wanted to do everything under the table and not file any accident report. I though this was odd and insisted that everything be above board to protect myself - went to the police office to file an accident report only to discover that she had no valid registration, no insurance and had a warrant out for her regarding past matters on the same things. In the end, costed me nothing and she was in a lot of trouble.

[Masked Bandit]

Originally posted by haggis88
Hey guys, just looking for some advice

Girlfriend has already called her insurance to notify them, I'd just like some advice for my own peace of mind and to help her out if it comes to it - I don't really like her brokerage so want to have the knowledge from some experienced people

My girlfriend was leaving her hairdressers this afternoon in the NE (Martindale or Taradale I think) when an old guy came out of an alley and crashed into her drivers side.

All witnesses left the scene rapidly.

He had no insurance, license or registration on the vehicle...so the police were called and all that stuff went down properly.

What happens now with her insurance? She has a high deductible ($1000), which clearly can't be covered from the other side since they are uninsured - are we SOL on this? It's a 2009 Ford Ranger that she still owes money on (loan buyout is roughly what the truck is worth right now)

She's currently at the clinic to be seen for back and neck pain...i assume he hit her relatively hard as she couldn't open the doors and its broken the axle.

Never had to deal with a claim in Alberta before, so just looking for some advice etc.

Hey haggis,

Assuming it sounds like she has collision coverage on the vehicle so she'll be covered on her own policy less her deductible of $1000. If & when the insurance company ever collects from the old boy (low chance by the sounds of it), your girlfriend would get her $1000 back. That may take anywhere from a couple of months to a couple of years to never. Sorry to hear about the crappy luck man.

[haggis88]

Thanks Bill,

I'll defo be calling you guys for the new vehicle!

[haggis88]

Broker is telling her that she'll have to fork over $1000 to the bodyshop to get the truck back if they repair it...that doesn't sound right to me?

2009 Ford Ranger 4x4 Sport with 200,000kms on it

Surely a write off from this? It's only worth about $8-9000?

http://i144.photobucket.com/albums/r173/haggis1988/File%202015-07-28%2011%2059%2017_zpseioqifqy.jpeg

[ExtraSlow]

Paying the deductible to the bodyshop sounds okay if that truck is actually repaired.

It's probably close to being a write-off.

Also, make sure to take good notes about any medical issues, or time off work she has to take, and don't be in a rush to settle any medical claim.

[rx7boi]

Originally posted by speedog

All one can hope is that one is involved in an accident, is that the other party does have actual valid insurance.

Yeah, for sure! I guess at the end of the day, the cost never just ends at paying your premium for the year.

As companies like to say, conditions apply lol.

[Graham_A_M]

Yeah its a write off. The body alone will cost as much as the truck is worth to be fixed, leave alone the mechanical aspect.

[Masked Bandit]

Pffffft, that thing isn't getting fixed. I don't know if I would bother listening to the broker on that front. Has she chatted with an adjuster from her actual insurance company? They'll get an appraiser to look at for about a half a second before telling you it's a write off. They'll make her an offer based on current market value and then give her a cheque for the amount less the $1000 deductible. Hopefully the cash will be enough to pay off the loan and then she can go shopping for a new vehicle.

[haggis88]

Yeah I didn't think so just going by the photos she sent...going by that the axle doesn't look broken but the steering components could be bent

They've told her no loss of earnings until 7 days of work are missed, and any injury claims have to go through a lawyer

[ExtraSlow]

It's a lot of years since I was involved in an injury accident, but my understanding is that if you have verified loss of earnings, that'll be taken into account. The insurance company may say it has to be seven days, but that's an internal policy, not a law. Don't sign anything with them on the injury stuff until you are satisfied.

I am no expert, but once you have a discussion with the injury adjuster, you should ask them if they'd prefer to deal with you direct or with a lawyer.

[Tik-Tok]

Originally posted by ExtraSlow
Don't sign anything with them on the injury stuff until you are satisfied.


Also goes for the value of the vehicle if written off. You don't have to accept the number they give you. I got almost $1g extra on a two thousand dollar car. I just used local listings average asking price to replace it, as leverage.

[Masked Bandit]

Originally posted by haggis88

They've told her no loss of earnings until 7 days of work are missed


This doesn't seem right. I can't find anything in the SPF 1 that indicates a waiting period of any kind with respect to lost wages. There is definitely a cap on the amount that can be claimed (max $400 a week, a bunch of other provisions) but nothing about a 7 day hold. I would push back on this.

[Abeo]

I know a guy who has the parts on hand to repair your truck (complete cab, axles, front suspension). He may be able to help you out if you want an alternative to the body shop you have it at now. He runs a licensed repair and inspection shop.

Let me know if you are interested.

[haggis88]

Originally posted by Abeo
I know a guy who has the parts on hand to repair your truck (complete cab, axles, front suspension). He may be able to help you out if you want an alternative to the body shop you have it at now. He runs a licensed repair and inspection shop.

Let me know if you are interested.


Thanks for the offer but we're happy to have it written off/scrapped...it's already at our bodyshop of choice anyway :)

We were looking at upgrading before the end of the year, so I guess the plans will just have to move forward a little bit

[haggis88]

So she emailed for clarification on the loss of earnings thing, and any personal injury claims...

The reply told her they pay for treatments for up to 90 days, then on a severity basis depending on if you need any more. Then it's case-by-case.

They also said

"There are also disability benefits available if you miss more than 7 days in a row from work. We pay a maximum benefit of $400 per week and the benefit period would begin on the 8th day after the date of the accident. If this applies to you, I can explain things further. You can apply for this benefit anytime in the initial 60 days following the date of the accident."

Now that doesn't specifically mention loss of earnings, just disability...so surely if she provides proof of her hours of work missed (IE headed letter from her supervisor) then they should cover her? No?




She's also called the loan company to find out her outstanding balance. She's worried that if they do not offer her enough to pay off the loan that she won't be able to get them to jack up their offer...but upon my research of all the 4x4 Ford Rangers for sale on Autotrader in AB (actually not too many, most are 2WD only) - the median price (with the extremities removed) works out at over $14,000 (i was shocked) so is this taken into consideration?

She thinks if they come back and say..."We value this truck at $5,000" that she's totally screwed and has to eat the rest of the payments

[MrSector9]

no they use market value, I got screwed on the honda fit as there was only 4 for sale in the province with low miles, private sells so there was no jacked up dealer prices on there.

Save screenshots of the for sale ads and you can send them in but they do look at auto trader and kijiji for what the vehicle goes for, that then gets sent off and they do adjustments for mileage/added accesories/new tires (within 3 months)/etc

[haggis88]

Originally posted by MrSector9
no they use market value, I got screwed on the honda fit as there was only 4 for sale in the province with low miles, private sells so there was no jacked up dealer prices on there.

Save screenshots of the for sale ads and you can send them in but they do look at auto trader and kijiji for what the vehicle goes for, that then gets sent off and they do adjustments for mileage/added accesories/new tires (within 3 months)/etc

Yeah I know a friend of mine nearly got screwed on an import Toyota GlanzaV back home, they just thought it was a normal UKDM Starlet and offered him a ridiculously low sum.

I printed a whole bunch of the Autotrader ads to PDF files just incase, but for some reason these little trucks hold their value quite well...especially in 4x4 guise!