In ga. we collected DV from our insurance, when our G8GT was wrecked. They in turn went after the other party to recover their losses.
z51vett

 

I dont know what the laws are in your state. I suggest you call your DOT and get the facts direct from them or maybe your own Attorney. Where I live I know the State will take their license on an at fault accident for one year. To go beyond that 1 year either you or your Insurance Co needs to file suit and obtain a Judgement. That means they owe the judgement amount and they lose there right to Drive and own vehicles for 10 years. I know, I know, if they drive w/o Ins, they will drive w/o a license. At the end of 10 years, if you want to, you simply pay a small fee and Renew the Judgement. I kept renewing the Judgment for over 24 years and then he came to me and asked me what will it take to eliminate the Judgement. We entered into a Legal Agreement and he paid me monthly over several years. The State allowed him his license back as long as he kept up on the payments. You would really be surprised what having an Active Judgement on there record keeps them from doing. Cant get a CC, cant get a loan to buy a house, etc...

 

I think Georgia is only one of two states that actually has a law on this.

 

Am a retired old dude from the insurance claims industry here but unless Louisana if REAL different, you did not collect damages for your car under uninsured motorist coverage, rather, you collected under your collision coverage. That being said, your company should go after the uninsured party, obtain a judgement and force him into some type of re-payment plan/pull his license. In most venues I know of, whatever they collect, the first dollars go to you to satisfy your deductible.
What peaked my interest here is you mention you paid a $500 deductible for medical expense you incurred and this confuses me.
I suspect if you look at your policy you will see coverage limits for BI (bodily injury), PD (property damage) and the next item should be "Medical Payments" which pays for medical expense for you/your passengers in the event of an accident. I have NEVER seen this coverage written with a deductible so it should be dollar one coverage. Did you turn your medical into your auto carrier? Maybe the $500 deductible you mention is from your private/group health insurance?
In any event, you have an alternative here and this involves the aformentioned "Uninsured Motorist" coverage. This coverage is intended to take the place of an uninsured motorist for any injury you/your passengers suffer as a result of the negligence of the uninsured motorist. It's like your company is taking the place of the liability the adverse driver SHOULD have had and you can therefore collect your damages just as if the other car was insured. Your damages would include medical expense, pain and suffering, lost wages etc.--just as if the other vehicle was insured. Your company would then take over subrogation (recovery) rights against the guilty party.
Hope some of this makes sense.
These posts get way down the list very quickly and I visit this site only every 4-5 days so I may not find any response you make. Feel free to email me at gbjerke@aol.com with any questions.

 

I received diminished value under my uninsured motorist coverage (It does not go against your rates).

There are companies that figure diminished value for you - Do a google search for "Diminished Value Estimators" and you will get companies that will take all of your info (Charge a small fee) and prepare a COURT certified packet (Booklette) specifically for your vehicle to submitt to your insurance company. And, if it does go to court - The documents are already in court accepted format.

Marc

 

In Louisiana it is agains the law to drive wihtout insurance - but if you do nothing happens unless you get caught

now if you hit them they can sue the pants of you - but if they hit you - oh well - but we keep voting thes A$$ in office to make laws - no insurance you should not be able to sue and if you cause and accident you should go to jail for a while -

I spoke to a couple of Louisiana Representatives (lawyers of course) and they disagreed with me - can you belive that LOL

 

I tried that one on my dad years ago......His response was "No,but I can get the f**king turnip.

 

Sorry to hear about your Damage,, Glad you were not hurt.. I was recently hit in the front in my 07 DD Avalanche, In Georgia by the way.. I received a letter from the insurance company telling me they had examined the claim and there was no diminished value. This really ticked me off as the truck had just been delivered to the body shop, and the adjuster had not even looked at it.. Long story short I took them to task on it.. Had to get an independent inspector and do some round and round,, Bottom line on 7,000 in damages, I received a check for 2,600 in diminished value.. You can get it, you just have to be willing to put up a bit of a fuss..

 

your 100% right. 2 more fn years