info begging...

[EasTexAstro]

My 15-year old was riding his bicycle in Kingwood right before we went to Orlando. He is fine, but he was hit by an uninsured SUV driver. Like I said, he is fine, but they did strap him to the backboard and rush him to the hospital for x-rays before we could do anything. Now, the bills are coming in. Had it been a hit and run, he would be covered by our insurance. Since the driver stopped and talked, though he was uninsured, our insurance has decided not to cover it. Anyone have any suggestions for covering a few $$$ on the bills?

[Alkie]

1) Find the uninsured driver
2) Shoot him in the fucking head

It won't pay your bills, but you (and I) will feel better.

[EasTexAstro]

1) Find the uninsured driver
2) Shoot him in the fucking head

It won't pay your bills, but you (and I) will feel better.

OK....be back in a few minutes....

[Alkie]

OK....be back in a few minutes....

Let me know if you need help.

I'll be happy to hold him down, pull the trigger, or even just point to the juicy part of the skull that would have contained a brain if this cocksucker had one.

[EasTexAstro]

Let me know if you need help.

I'll be happy to hold him down, pull the trigger, or even just point to the juicy part of the skull that would have contained a brain if this cocksucker had one.

Note my name. I am well armed with unlicensed weapons that do a ton of damage. I got shit from before my grampa was born. I have crazy relatives living with me. Picture "Next of Kin".

I guess I was hoping more for someone from the insurance/lawyer type field that might give me some avenues to explore before I went too far.

[OregonStrosFan]

Don't think I have an answer for you, but so I understand it:

your health insurance wont cover injuries to the kiddo because there was an automobile involved (but not a hit and run);

your uninsured motor coverage on your car insurance won't cover it because your vehicle wasn't involved; and

your homeowners insurance won't cover it because the accident wasn't on or around your property?

Sure seems like there would be some overlap in coverage somewhere that would cover it (but no, know nothing about TX insurance law or policies...). 

[Lurch]

My 15-year old was riding his bicycle in Kingwood right before we went to Orlando. He is fine, but he was hit by an uninsured SUV driver. Like I said, he is fine, but they did strap him to the backboard and rush him to the hospital for x-rays before we could do anything. Now, the bills are coming in. Had it been a hit and run, he would be covered by our insurance. Since the driver stopped and talked, though he was uninsured, our insurance has decided not to cover it. Anyone have any suggestions for covering a few $$$ on the bills?

Was a police report filed?  Do you have the driver's info?  Do you think he has the money to cover it?  If he had insurance or not is irrelevant when it comes to his obligation in the accident.  I would have a lawyer write a certified letter for you requesting recovery of your costs in order to avoid a civil suit.

I'm not a lawyer, but I've seen a lot of them discuss baseball and boobs on a forum.

[Alkie]

Note my name. I am well armed with unlicensed weapons that do a ton of damage. I got shit from before my grampa was born. I have crazy relatives living with me. Picture "Next of Kin".

Yeah, I figured.

I guess I was hoping more for someone from the insurance/lawyer type field that might give me some avenues to explore before I went too far.

Oh.   Then what the hell did you post this in the B&Q fer?

[OregonStrosFan]

Was a police report filed?  Do you have the driver's info?  Do you think he has the money to cover it?  If he had insurance or not is irrelevant when it comes to his obligation in the accident.  I would have a lawyer write a certified letter for you requesting recovery of your costs in order to avoid a civil suit.

I jumped past this step presuming dude was a turnip...

[Alkie]

I'm not a lawyer, but I've seen a lot of them discuss baseball and boobs on a forum.

I'm not a lawyer, but I play one on an internet-based consulting firm.   As your attorney, I advise you to shoot him in the head.

[Lurch]

I jumped past this step presuming dude was a turnip...

Racist (?)

[EasTexAstro]

Don't think I have an answer for you, but so I understand it:

your health insurance wont cover injuries to the kiddo because there was an automobile involved (but not a hit and run);

your uninsured motor coverage on your car insurance won't cover it because your vehicle wasn't involved; and

your homeowners insurance won't cover it because the accident wasn't on or around your property?

Sure seems like there would be some overlap in coverage somewhere that would cover it (but no, know nothing about TX insurance law or policies...). 

Don't want to get Limey involved in the whole political debate, but.....

I don't have medical on my son because it it cheaper to pay out of pocket. I am good with that.

Had it been a hit and run, my car insurance would have covered it, but because the driver stopped and gave info to the police, I have to file against his non-existent policy.

Police report has been filed.

Home owners does not cover anything.

[OregonStrosFan]

Racist (?)

Yeah, I hate hippies!

[Andyzipp]

You need to appeal the insurance company's decision.  Preferably with a lawyers assistance.

[Craig]

Can you appeal the decision of the health insurance company? Seems like your health insurance should pay for it, and then if they want to sue the deadbeat to get their costs back, it's up to them. Not that I'm an expert by any means.

[OregonStrosFan]

Don't want to get Limey involved in the whole political debate, but.....

I don't have medical on my son because it it cheaper to pay out of pocket. I am good with that.

Had it been a hit and run, my car insurance would have covered it, but because the driver stopped and gave info to the police, I have to file against his non-existent policy.

Police report has been filed.

Home owners does not cover anything.

This is one place where an OR insurance law background won't help for shit.  My bad... 

[Alkie]

You need to appeal the insurance company's decision.  Preferably with a lawyers assistance.

Go away.   No one wants your level headed advice in this thread.

[EasTexAstro]

Was a police report filed?  Do you have the driver's info?  Do you think he has the money to cover it?  If he had insurance or not is irrelevant when it comes to his obligation in the accident.  I would have a lawyer write a certified letter for you requesting recovery of your costs in order to avoid a civil suit.

I'm not a lawyer, but I've seen a lot of them discuss baseball and boobs on a forum.

Filed. Info in hand. Maybe he can pay for it, but not sure. I don't want to sue, but know it may have to be that way. I would rather handle it without violence or suing, but I know that probably is a dream.

[Andyzipp]

You need to appeal the insurance company's decision.  Preferably with a lawyers assistance.

Nevermind.  Reading comprehension is poor tonight.

[EasTexAstro]

You need to appeal the insurance company's decision.  Preferably with a lawyers assistance.

Mine? Or his expired policy?

[Alkie]

Filed. Info in hand. Maybe he can pay for it, but not sure. I don't want to sue, but know it may have to be that way. I would rather handle it without violence or suing, but I know that probably is a dream.

Let me tell you something.  And this will sound like a slam and I swear it's not.  You live in Texas.   Take the violence avenue.   You're in one of the few places left where you can.

[Andyzipp]

Mine? Or his expired policy?

See above.  Didn't read closely enough.

[EasTexAstro]

See above.  Didn't read closely enough.

dadgummit....

[Lurch]

Filed. Info in hand. Maybe he can pay for it, but not sure. I don't want to sue, but know it may have to be that way. I would rather handle it without violence or suing, but I know that probably is a dream.

You're skipping ahead.  Just ask and he may very well pay without suing.  But ask with a lawyer's letterhead.

[EasTexAstro]

Let me tell you something.  And this will sound like a slam and I swear it's not.  You live in Texas.   Take the violence avenue.   You're in one of the few places left where you can.

OK...so the insurance agents, the billing agents, the doctors, the guy that hit my kid, and the police that took the report....am I missing anyone?

Really, I just want to know if anyone has done any dealing with vehicle insurance that may give me an in here. He had expired car insurance. It would probably cost more to sue. We are only talking a few thousand here in expenses. It would be nice to have someone cover it. You just don't expect the Spanish inquisition a car to hit you on a bike in a slow neighborhood.

[EasTexAstro]

You're skipping ahead.  Just ask and he may very well pay without suing.  But ask with a lawyer's letterhead.

Any lawyers in Kingwood area?

[Alkie]

OK...so the insurance agents, the billing agents, the doctors, the guy that hit my kid, and the police that took the report....am I missing anyone?

Really, I just want to know if anyone has done any dealing with vehicle insurance that may give me an in here. He had expired car insurance. It would probably cost more to sue. We are only talking a few thousand here in expenses. It would be nice to have someone cover it. You just don't expect the Spanish inquisition a car to hit you on a bike in a slow neighborhood.

Well, I mean look, if the guy who hit your kid isn't willing to just pay for it, no questions asked, I say you have open season.   You are now free to do whatever you like because he was given the chance to be a man about this and opted not to.   Sue him into the stone age.   

[EasTexAstro]

Well, I mean look, if the guy who hit your kid isn't willing to just pay for it, no questions asked, I say you have open season.   You are now free to do whatever you like because he was given the chance to be a man about this and opted not to.   Sue him into the stone age.   

Come and listen to my story 'bout a man named Jed........

[HudsonHawk]

We are only talking a few thousand here in expenses. It would be nice to have someone cover it. You just don't expect the Spanish inquisition a car to hit you on a bike in a slow neighborhood.

With all due respect, you don't expect anything bad to happen.  Which is why you have insurance.  You chose not to have insurance.  You said you were good with that.  Apparently not though.

[Col. Sphinx Drummond]

I'm glad the son is okay. As far as you can tell, does the person who hit your child have an income or assets that would make it feasible to pursue payment from him? Have you asked them if they are prepared to pay the medical expenses? If he's in fact, a broke bastard who can barely keep his family fed, you're probably screwed and really have only two options; 1) follow Alkie's advice, or 2) chalk it up as a lesson learned the hard way. Have you since insured your child?

[EasTexAstro]

With all due respect, you don't expect anything bad to happen.  Which is why you have insurance.  You chose not to have insurance.  You said you were good with that.  Apparently not though.

I'm good with it. The money that would be spent on insurance goes into a savings account instead. At the end of the year, I spend far less on medical than what I would on insurance. It is covered.

My question is: is there something I am missing? I did not know that my car insurance would have covered this had it been hit and run, but not covered it if the driver stopped. I'm just wondering if anyone out there has seen something similar where a unique solution was found, maybe a different coverage that I did not realize I had, and might be able to share that idea with me. Sometimes, it just pays to ask a question rather than assume you know everything. If I don't have to pay or sue, I would like to know.

You are correct, I chose the situation on insurance.

[EasTexAstro]

I'm glad the son is okay. As far as you can tell, does the person who hit your child have an income or assets that would make it feasible to pursue payment from him? Have you asked them if they are prepared to pay the medical expenses? If he's in fact, a broke bastard who can barely keep his family fed, you're probably screwed and really have only two options; 1) follow Alkie's advice, or 2) chalk it up as a lesson learned the hard way. Have you since insured your child?

Yes, he is fine, but sore for a few days. I have no way to guess on his income or assets. He lives in a nice neighborhood, drives an older SUV, gave no indication of family status, his insurance had expired about 4 months before, and he was very shaken when I spoke to him, understandably. At the time, I was mostly concerned about getting to the hospital to see my son.

[S.P. Rodriguez]

I'm good with it. The money that would be spent on insurance goes into a savings account instead. At the end of the year, I spend far less on medical than what I would on insurance. It is covered.

My question is: is there something I am missing? I did not know that my car insurance would have covered this had it been hit and run, but not covered it if the driver stopped. I'm just wondering if anyone out there has seen something similar where a unique solution was found, maybe a different coverage that I did not realize I had, and might be able to share that idea with me. Sometimes, it just pays to ask a question rather than assume you know everything. If I don't have to pay or sue, I would like to know.

You are correct, I chose the situation on insurance.

Hey ETA,
I'm afraid your only choice, to my knowledge, is small claims court (given the cost mentioned of a few thousand dollars).  You'll have to pay the bills out of your own pocket and then go after the driver.  After that, it's a crapshoot.  The driver sounds like a compassionate person, in that they didn't drive off.  But even if you get a judgement in your favor (if he doesn't contest or even show for court, etc...) there's no guarantee you get paid. You can put a lien against any assets they have.  Maybe attempt to garnish wages if they have steady employment.  But it's all leg-work and it's all on you.  

My experience has nothing to do with a hit-and-run, but a case of destruction of property (kicking in a side panel on a car) by a drunk asshole of an acquaintance.  The dude had nothing, and never will.  Got vehicle fixed, sued the guy, won judgement because they never showed, and had no leverage to collect on debt.  The threat of a ruined credit record had no impact on a guy with nothing to lose.

[HudsonHawk]

I'm good with it. The money that would be spent on insurance goes into a savings account instead. At the end of the year, I spend far less on medical than what I would on insurance. It is covered.

My question is: is there something I am missing? I did not know that my car insurance would have covered this had it been hit and run, but not covered it if the driver stopped. I'm just wondering if anyone out there has seen something similar where a unique solution was found, maybe a different coverage that I did not realize I had, and might be able to share that idea with me. Sometimes, it just pays to ask a question rather than assume you know everything. If I don't have to pay or sue, I would like to know.

You are correct, I chose the situation on insurance.

If you feel there may be options of which you're unaware, the soundest advice is to talk to an attorney.  But if neither party has insurance that applies in the  situation, sounds like either you pay for it or demand he pay for it.  The latter likely will involve a lawsuit or at least a threat of one.

[AtascAstro]

In order to legally operate a motor vehicle, the state of Texas requires insurance.  If you cannot afford insurance, then you cannot afford a car.  It seems to me that this person has at least one asset that they no longer need.

Honestly, I think you need to make it as hard as possible for the driver (without wasting a bunch of your own money).  What if he had hit somebodies kid that didn't have some reserve savings?

[HudsonHawk]

In order to legally operate a motor vehicle, the state of Texas requires insurance.  If you cannot afford insurance, then you cannot afford a car.  It seems to me that this person has at least one asset that they no longer need.

You are not required to have insurance in Texas.  You are required to be financially responsible for your vehicle and provide proof that you are.  If the guy want to pay out of his pocket for any damage he causes, that is perfectly acceptable.

[MikeyBoy]

My 15-year old was riding his bicycle in Kingwood right before we went to Orlando. He is fine, but he was hit by an uninsured SUV driver. Like I said, he is fine, but they did strap him to the backboard and rush him to the hospital for x-rays before we could do anything. Now, the bills are coming in. Had it been a hit and run, he would be covered by our insurance. Since the driver stopped and talked, though he was uninsured, our insurance has decided not to cover it. Anyone have any suggestions for covering a few $$$ on the bills?

Was the driver at fault / issued a citation?

[Guinness]

Maybe attempt to garnish wages if they have steady employment.  But it's all leg-work and it's all on you.  

You can't actually garnish wages in Texas, but if you win a judgment, you can have bank accounts seized, which pretty much amounts to the same thing if they direct deposit their paycheck.  Once it's in the bank, it's no longer your wage.

[HudsonHawk]

Yes, he is fine, but sore for a few days. I have no way to guess on his income or assets. He lives in a nice neighborhood, drives an older SUV, gave no indication of family status, his insurance had expired about 4 months before, and he was very shaken when I spoke to him, understandably. At the time, I was mostly concerned about getting to the hospital to see my son.

Don't know if anyone's brought this up, but it may help you out:

http://library.findlaw.com/1999/Jul/1/130783.html

[sporadic]

You are not required to have insurance in Texas.  You are required to be financially responsible for your vehicle and provide proof that you are.  If the guy want to pay out of his pocket for any damage he causes, that is perfectly acceptable.

So how do you get your car inspected with no insurance?  Take your 401K to the guy at the gas station?

[S.P. Rodriguez]

So how do you get your car inspected with no insurance?  Take your 401K to the guy at the gas station?

Try renewing, or testing for, a license without proof of insurance.  Both require proof of financial responsibility, in the form of liability insurance at a minimum.  Comp/Collision is not required, unless part of a loan agreement with the lender, i.e. insuring the asset used as collateral for the note.

eta:  So, there's a minimum requirement for liability "proof of financial responsibility".  The minimum amounts to cover property damage and bodily harm are 25k/50k/25k.  So, as Hudson pointed out, insurance is not "required", if you can verify you have 100k sitting in some acct somewhere.  That said, the most common loophole in the license/tags process is that you can buy policies for as short as 30 days.  If it's active at time of renewal/inspection, you are good.  There is no active check to ensure you maintain that coverage afterward. 

[HudsonHawk]

So how do you get your car inspected with no insurance?  Take your 401K to the guy at the gas station?

Take your proof of financial responsibility.  There are several ways to demonstrate financial responsibility.  Insurance is the most common, but it is not the only one. 

[Ty in Tampa]

Let me tell you something.  And this will sound like a slam and I swear it's not.  You live in Texas.   Take the violence avenue.   You're in one of the few places left where you can.

Didn't John Gotti's son get hit by a car? I think it was a neighbor of his. Didn't the guy disappear?

[Andyzipp]

Take your proof of financial responsibility.  There are several ways to demonstrate financial responsibility.  Insurance is the most common, but it is not the only one. 

It is the only one the Harris County Tax Office will accept in exchange for a registration.

[HudsonHawk]

It is the only one the Harris County Tax Office will accept in exchange for a registration.

Well, I don't know what they will or will not accept.  Texas state law requires that you maintain and demonstrate proof of financial responsibility.  That most often comes in the form of insurance, but not always.  You can also do it through a surety bond, several forms of deposits, or through self-insurance, if you qualify.  My company, for example, does not have insurance.  The company vehicles are registered in Harris County. 

[AtascAstro]

You are not required to have insurance in Texas.  You are required to be financially responsible for your vehicle and provide proof that you are.  If the guy want to pay out of his pocket for any damage he causes, that is perfectly acceptable.

ok, legal beagle, substitute "evidence of financial responsibility" for the term "insurance".  I think we can all safely assume that this turd didn't have a certificate guranteeing his ability to cover $25K (or whatever the number is) either.

[AtascAstro]

Well, I don't know what they will or will not accept.  Texas state law requires that you maintain and demonstrate proof of financial responsibility.  That most often comes in the form of insurance, but not always.  You can also do it through a surety bond, several forms of deposits, or through self-insurance, if you qualify.  My company, for example, does not have insurance.  The company vehicles are registered in Harris County.  

Do they have 25 registered vehicles or more?.  All other avenues appear to require some certificate obtained from a judge or other state agency, which I'm sure is a major pain to get.

Edit - wrong link, somewhere else I saw that if you have 25 or more registered vehicles then you are presumed to  be self-insured.

[HudsonHawk]

Do they have 25 registered vehicles or more?. 

Of course.  That's one of the requirements to self-insure.

All other avenues appear to require some certificate obtained from a judge or other state agency, which I'm sure is a major pain to get.

It's not a pain, it's just expensive.  It's not an avenue that most everyday folks can reasonably pursue, but it's still an option.

[Limey]

I just checked with our medical insurance folks.  They said "get a lawyer".

Basically, if you had insurance that would apply, you could claim against it and then they would get a lawyer and get their money back from el douchie, but if you don't have insurance that applies, it's up to you to do that.

[Bench]

With regards to whether there is a plan that could cover it, you can include in your auto policy insurance against un-insured drivers.  So if your auto would have covered a hit-and-run in this case (despite your auto not being involved, which is confusing), it can be expanded in the future to cover the uninsured guy who sticks around.

But from what I can tell with your present situation, you're only option is to threaten to sue the individual and then actually do so.  Small claims court isn't very expensive to file in, and you can handle it yourself.  With the police report and your story you have all the evidence you need to win before a judge or a jury.

[Limey]

With regards to whether there is a plan that could cover it, you can include in your auto policy insurance against un-insured drivers.  So if your auto would have covered a hit-and-run in this case (despite your auto not being involved, which is confusing), it can be expanded in the future to cover the uninsured guy who sticks around.

But from what I can tell with your present situation, you're only option is to threaten to sue the individual and then actually do so.  Small claims court isn't very expensive to file in, and you can handle it yourself.  With the police report and your story you have all the evidence you need to win before a judge or a jury.

...but you have to pay out of pocket first, and then sue for your out of pocket expenses.  Keep all your receipts!

[Bench]

...but you have to pay out of pocket first, and then sue for your out of pocket expenses.  Keep all your receipts!

Right right.  Keep your receipts, those are your proof of damages.

[BizidyDizidy]

I thought you had to post a bond if you didn't want insurance?

[Limey]

I thought you had to post a bond if you didn't want insurance?

Or you just don't buy it and don't tell anyone...leaving people like ETA in the shit when you fuck up (see P, B).

[HudsonHawk]

I thought you had to post a bond if you didn't want insurance?

That's one way to do it.  Or you could just deposit a large amount of cash with the controller's office.