[net.legal] Uninsured motorism

msb@lsuc.UUCP (Mark Brader) (08/10/85)

> > What if you or I were hit by an uninsured driver?
> > We could tally huge medical bills with no means
> > to pay for them. I think you can never confiscate
> > someone's automobile liability insurance because
> > others will often suffer the most.
> 
> Which brings up an important point.  This can happen to you
> NOW!  My attorney has handled many cases where
> innocent people were severely injured by uninsured drivers
> and were unable to collect. ...

Which suggests that, in jurisdictions where motorists are allowed
not to have insurance (that's most of them in North America, isn't it?),
insurance companies should sell policies that protect you not only
against your own liability but also against that of the uninsured
driver who runs into you.

In other words, suppose I collide with J, and J is at fault,
and I suffer serious injuries; then J's insurance might have to pay
me, say, $250,000.  But if J is uninsured, J merely owes me
that money, and since he can only pay $5,000, I'm out $245,000
(minus what my particular government chips in), and J declares
bankruptcy or something.

Under my proposal, my own insurance, although primarily for the
purpose of paying J if I had been at fault, would pay me the $250,000
in this case.  J gets the same treatment as before, because he still
owes $250,000 -- only now he owes it to my insurer, not me.  So there
my proposal does not confer any benefit to J, but does to me -- at a
cost of a slightly higher premium.  I say slightly higher because most
drivers *are* insured, so the risk of this is small.

I favor mandatory liability insurance for drivers, but this seems to
be a workable alternative.  I've never heard of such policies actually
existing anywhere.  Do they?

Mark Brader

jcjeff@ihlpg.UUCP (Richard Jeffreys) (08/13/85)

> > > What if you or I were hit by an uninsured driver?
> > > We could tally huge medical bills with no means
> > > to pay for them. I think you can never confiscate
> > > someone's automobile liability insurance because
> > > others will often suffer the most.
> > 
> > Which brings up an important point.  This can happen to you
> > NOW!  My attorney has handled many cases where
> > innocent people were severely injured by uninsured drivers
> > and were unable to collect. ...
> 
> Which suggests that, in jurisdictions where motorists are allowed
> not to have insurance (that's most of them in North America, isn't it?),
> insurance companies should sell policies that protect you not only
> against your own liability but also against that of the uninsured
> driver who runs into you.

Explaination of a hypothetical case followed

> I favor mandatory liability insurance for drivers, but this seems to
> be a workable alternative.  I've never heard of such policies actually
> existing anywhere.  Do they?
>				 Mark Brader

In the UK we have a law which states that drivers must have a minimum of 
"Third Party" insurance. If an accident happened the insurance company would
pay all costs to a third party who had been involved in the accident.
(assuming that the driver, who was the third party, was in no way to blame)
The guy who had "Third Party" insurance would not be able to claim for
medical costs for himself, or for the damage sustained to his car.

We also have a coupe of other categories of insurance, "Third Party, Fire
and Theft", which is as stated above, but having the advantage of coverage
for, as its name suggests, fire and theft of the car.

The third category would be "Fully Comprehensive", which as it's name also
suggests, covers virtually everything from all medical costs to all injured
parties to paying the cost of a new windshield which got cracked by a stone.

If you do have an accident, and find that your insurance has lapsed, not only 
could you be in financial trouble because of law suits, but the police would
also like to have a few words to you about driving without insurance.

BTW. you know thoes little stickers you put on your license plates, well, in
the UK we have something similar, but to obtain them (at the Post Office)
you need to show them a vaild certificate of insurance, along with an MOT
(Ministry Of Transport) certificate, which has been obtained after a
qualified mechanic has looked at your car and deemed it safe to drive for a
period of one year. (I believe a similar thing happens in some states).
It is the need to show proof of vaild documents that helps make sure that 
the cars on the road are both mechanically sound and insured.

-- 
 [ It's not the end of the world....no it's not;
                  If it's the end of the world, well so what ? - Marti Webb ]
------------------------------------------------------------------------------
||      From the keys of Richard Jeffreys ( British Citizen Overseas )      ||
||              employed by North American Philips Corporation              ||
||              @ AT&T Bell Laboratories, Naperville, Illinois              ||
------------------------------------------------------------------------------
||  General disclaimer about anything and everything that I may have typed  ||
------------------------------------------------------------------------------

jcjeff@ihlpg.UUCP (Richard Jeffreys) (08/13/85)

I guess I should have added in my last article <1074@ihlpg.UUCP> that we
also have a mandetory seat belt law for front seat passangers, and the
polititians are now talking about a mandetory law for rear seat passengers
as well.

I only hope it comes soon.

-- 
 [ It's not the end of the world....no it's not;
                  If it's the end of the world, well so what ? - Marti Webb ]
------------------------------------------------------------------------------
||      From the keys of Richard Jeffreys ( British Citizen Overseas )      ||
||              employed by North American Philips Corporation              ||
||              @ AT&T Bell Laboratories, Naperville, Illinois              ||
------------------------------------------------------------------------------
||  General disclaimer about anything and everything that I may have typed  ||
------------------------------------------------------------------------------

gritz@homxa.UUCP (R.SHARPLES) (08/13/85)

>From: msb@lsuc.UUCP (Mark Brader)
>
>Under my proposal, my own insurance, although primarily for the
>purpose of paying J if I had been at fault, would pay me the $250,000
>in this case.  J gets the same treatment as before, because he still
>owes $250,000 -- only now he owes it to my insurer, not me.  So there
>my proposal does not confer any benefit to J, but does to me -- at a
>cost of a slightly higher premium.  I say slightly higher because most
>drivers *are* insured, so the risk of this is small.
>
>I favor mandatory liability insurance for drivers, but this seems to
>be a workable alternative.  I've never heard of such policies actually
>existing anywhere.  Do they?
>
>Mark Brader

Yes My policy form INA has a section called "Uninsured Motorists".  The common
ammount is $30,000, but you can choose to waive it entirely and save $100 or
so.  My broker says the risk of being hit by an uninsured motorist is very
low.

megjpm@mb2c.UUCP (John Macks) (08/14/85)

> > > What if you or I were hit by an uninsured driver?
> > > We could tally huge medical bills with no means
> > > to pay for them. I think you can never confiscate
> > > someone's automobile liability insurance because
> > > others will often suffer the most.
> > 
> > Which brings up an important point.  This can happen to you
> > NOW!  My attorney has handled many cases where
> > innocent people were severely injured by uninsured drivers
> > and were unable to collect. ...
> 
> Which suggests that, in jurisdictions where motorists are allowed
> not to have insurance (that's most of them in North America, isn't it?),
> insurance companies should sell policies that protect you not only
> against your own liability but also against that of the uninsured
> driver who runs into you.
> 
> In other words, suppose I collide with J, and J is at fault,
> and I suffer serious injuries; then J's insurance might have to pay
> me, say, $250,000.  But if J is uninsured, J merely owes me
> that money, and since he can only pay $5,000, I'm out $245,000
> (minus what my particular government chips in), and J declares
> bankruptcy or something.
> 
> Under my proposal, my own insurance, although primarily for the
> purpose of paying J if I had been at fault, would pay me the $250,000
> in this case.  J gets the same treatment as before, because he still
> owes $250,000 -- only now he owes it to my insurer, not me.  So there
> my proposal does not confer any benefit to J, but does to me -- at a
> cost of a slightly higher premium.  I say slightly higher because most
> drivers *are* insured, so the risk of this is small.
> 
> I favor mandatory liability insurance for drivers, but this seems to
> be a workable alternative.  I've never heard of such policies actually
> existing anywhere.  Do they?
> 
> Mark Brader

In Michigan, all car owners are required by law to maintain liability coverage.
In order to get your annual license plate tabs, you must provide proof of 
insurance.  I believe auto insurance is mandatory in many other states.  This
does not eliminate the problem of uninsured motorists, since they can still 
obtain proof of insurance by paying the first installment on the policy at
the time of license plate renewal, and then simply not pay the remaining 
insurance payments and thereby let the policy lapse.  Thus, insurers still
offer uninsured motorist coverage in Michigan, at a very modest additional 
premium.

friesen@psivax.UUCP (Stanley Friesen) (08/15/85)

In article <748@lsuc.UUCP> msb@lsuc.UUCP (Mark Brader) writes:
>
>Which suggests that, in jurisdictions where motorists are allowed
>not to have insurance (that's most of them in North America, isn't it?),
>insurance companies should sell policies that protect you not only
>against your own liability but also against that of the uninsured
>driver who runs into you.
>
	As a matter of fact, this is quite standard, even in states
where liability insurance is required by law(such as California).
I have had Uninsured Driver insurance since I first owned a car!
The main problem with it is of course the deductible and the maximum
coverage. It also adds a small amount to your premiums.
-- 

				Sarima (Stanley Friesen)

{trwrb|allegra|cbosgd|hplabs|ihnp4|aero!uscvax!akgua}!sdcrdcf!psivax!friesen
or {ttdica|quad1|bellcore|scgvaxd}!psivax!friesen

slerner@sesame.UUCP (Simcha-Yitzchak Lerner) (08/16/85)

> 
> Which suggests that, in jurisdictions where motorists are allowed
> not to have insurance (that's most of them in North America, isn't it?),
> insurance companies should sell policies that protect you not only
> against your own liability but also against that of the uninsured
> driver who runs into you.

In every state that I've lived, my ins co (Liberty Mututal) has
_always_ had an option to deal with uninsured/underinsured drivers
hitting me.  It is worth the few extra $$s, as I was once
rear-ended at a stop light by a pot head doing 65MPH.  No
insurance, totaled both cars, almost totaled me (I got a new
face - the shoulder belt tore out of the doorpost.)  She tried
to sue me for her damages yet!  The large sum that was payed out
by my insurance to me more than made up the few $ the rider cost.

If you don't have this rider, i strongly suggest you get it
put on your policy **today**.

-- 
Opinions expressed are public domain, and do not belong to Lotus
Development Corp.
----------------------------------------------------------------

Simcha-Yitzchak Lerner

              {genrad|ihnp4|ima}!wjh12!talcott!sesame!slerner
                      {cbosgd|harvard}!talcott!sesame!slerner
                                slerner%sesame@harvard.ARPA 

larry@anasazi.UUCP (Larry Rodis) (08/16/85)

In article <748@lsuc.UUCP> msb@lsuc.UUCP (Mark Brader) writes:
>> > What if you or I were hit by an uninsured driver?
>> 
>> Which brings up an important point.  This can happen to you
>> NOW!  My attorney has handled many cases where
>> innocent people were severely injured by uninsured drivers
>> and were unable to collect. ...
>
>Under my proposal, my own insurance, although primarily for the
>purpose of paying J if I had been at fault, would pay me the $250,000
>in this case.  J gets the same treatment as before, because he still
>owes $250,000 -- only now he owes it to my insurer, not me.  So there
>my proposal does not confer any benefit to J, but does to me -- at a
>cost of a slightly higher premium.  I say slightly higher because most
>drivers *are* insured, so the risk of this is small.
>
>I favor mandatory liability insurance for drivers, but this seems to
>be a workable alternative.  I've never heard of such policies actually
>existing anywhere.  Do they?
>
>Mark Brader

Arizona insurance requires that all drivers must be insured. Also all insurance
policy's must carry unininsured motorist and underinsured motorists parts to
the insurance policy.  This way in the event someone from hits you without
insurance or without enough insurance your own policy pays for your damages.

I believe that states with mandatory insurance and no-fault policy's 
offer this type of protection automatically because of the no-fault clause.

-- 
Larry Rodis

UUCP: {decvax|ihnp4|hao}!noao!terak!anasazi!larry
              ucbvax!arizona!asuvax!anasazi!larry
PHONE: +1 (602)275-0302

kitten@hao.UUCP (08/17/85)

> >I favor mandatory liability insurance for drivers, but this seems to
> >be a workable alternative.  I've never heard of such policies actually
> >existing anywhere.  Do they?
> >
> >Mark Brader
> 
> Yes My policy form INA has a section called "Uninsured Motorists".  The common
> ammount is $30,000, but you can choose to waive it entirely and save $100 or
> so.  My broker says the risk of being hit by an uninsured motorist is very
> low.

***
I've had Uninsured Motorist insurance for several years (in California).

In Southern California, uninsureds abound.  I've only been in two accidents,
In both, the other driver was a young (20's) male NOT carrying his license
and NOT insured.  The second time the guy Claimed he had insurance...when
I called the company the next day, they said he hadn't been with them for
two years.  If you are driving in ANY major metropolitan area, I strongly
advise you to get this additional insurance.


{ucbvax!hplabs | allegra!nbires | decvax!noao | harpo!seismo | ihnp4!noao}
       		        !hao!kitten

CSNET: kitten@NCAR  ARPA: kitten%ncar@CSNET-RELAY

bill@utastro.UUCP (William H. Jefferys) (08/17/85)

> In article <748@lsuc.UUCP> msb@lsuc.UUCP (Mark Brader) writes:
> >
> >Which suggests that, in jurisdictions where motorists are allowed
> >not to have insurance (that's most of them in North America, isn't it?),
> >insurance companies should sell policies that protect you not only
> >against your own liability but also against that of the uninsured
> >driver who runs into you.
> >
> 	As a matter of fact, this is quite standard, even in states
> where liability insurance is required by law(such as California).
> I have had Uninsured Driver insurance since I first owned a car!
> The main problem with it is of course the deductible and the maximum
> coverage. It also adds a small amount to your premiums.
> 
The point I was trying to make when I posted the article about
uninsured motorist coverage, is that it is possible (in some
jurisdictions, at least) to get very substantial coverage for
very low marginal cost over the basic uninsured motorist coverage,
that would cover you in the unlikely event that you were seriously
injured by someone who did not have adequate coverage.  It is not
hard to imagine cases where your actual damages (including medical,
disability, etc.) could these days run into six digits.  As I
pointed out, my attorney has seen a number of cases where people
were in this boat and had no recourse because the person who caused
the accident wasn't adequately covered and didn't have assets to
cover any judgement.  If you have a couple of hundred thousand
in medical bills and disability (inability to continue to work
for a living) this is just the situation that insurance is intended
for -- to cover the *devastating* losses that you can't afford
to take.  The marginal cost for *adequate* uninsured motorist 
coverage in Texas is really quite low.  This is probably the case
in many states.


-- 
"Men never do evil so cheerfully and so completely as when they do so from
	religious conviction."  -- Blaise Pascal

	Bill Jefferys  8-%
	Astronomy Dept, University of Texas, Austin TX 78712   (USnail)
	{allegra,ihnp4}!{ut-sally,noao}!utastro!bill	(uucp)
	bill%utastro.UTEXAS@ut-sally.ARPA		(ARPANET)

edg@micropro.UUCP (Ed Greenberg) (08/20/85)

In article <239@mb2c.UUCP>, megjpm@mb2c.UUCP (John Macks) writes:
> 
> In Michigan, all car owners are required by law to maintain liability coverage.
> In order to get your annual license plate tabs, you must provide proof of 
> insurance.  I believe auto insurance is mandatory in many other states.  This
> does not eliminate the problem of uninsured motorists, since they can still 
> obtain proof of insurance by paying the first installment on the policy at
> the time of license plate renewal, and then simply not pay the remaining 
> insurance payments and thereby let the policy lapse.  Thus, insurers still
> offer uninsured motorist coverage in Michigan, at a very modest additional 
> premium.

In New York, the motorist is required to (a) submit proof of insurance
to the DMV when registering the car and then (b) carry that proof in
the vehicle and show it to the police on demand.  

Further, if the insurance co. cancels you for non payment, they notify
DMV who (a) cancels your registration and (b) notifies you that you must
surrender your plates.  Even further, you cannot cancel your insurance
voluntarily without sending the insurance company a copy of the receipt
for your plates (or other rigamarole like insuring a new car with the
same plates at the same time.)

		-compare this with California-

where, (a) you must certify that you have insurance after you have an
accident, and (b) you must give the policeman your policy number (from
memory, an official form, the back of your registration, a banana skin,
or wherever you have it.)

By the way, both New York and California insurers offer protection
against uninsured motorists and it's very inexpensive in both cases.

Hearing the horror stories on the net, I come to appreciate the
strictness of the New York law.
			-e
-- 

UUCP: {hplabs,dual,ptsfa}!well!micropro!edg

dee@cca.UUCP (Donald Eastlake) (09/10/85)

Massachusetts has a mandatory auto insurance law but, since people sometimes
break the law and there are people who drive in from other states, etc., I
can't recall every applying for auto insurance in Massachuetts where the
insurance company didn't offer a cheap uninusured motorist add-on.
-- 
	+1 617-492-8860		Donald E. Eastlake, III
	ARPA:  dee@CCA-UNIX	usenet:	{decvax,linus}!cca!dee

allan@nmtvax.UUCP (09/12/85)

I think that an uninsured/underinsured motorist clause is a good thing to
have with your insurance.  A couple years ago, while I was sitting in the
house studying and heard a loud crash.  I went outside to find my car in
the neighbor's yard and a car speeding away from the scene.  The insurance
that my dad bought for my car did not have uninsured motorist, so I was
out a car (more or less).

My current policy on my TR7 only costs me $2.00 extra a month for uninsured
motorist.

Allan F. Perry

crandell@ut-sally.UUCP (Jim Crandell) (09/16/85)

In article <757@nmtvax.UUCP> allan@nmtvax.UUCP (Allan F. Perry) writes:
>I think that an uninsured/underinsured motorist clause is a good thing to
>have with your insurance.  A couple years ago, while I was sitting in the
>house studying and heard a loud crash.  I went outside to find my car in
>the neighbor's yard and a car speeding away from the scene.  The insurance
>that my dad bought for my car did not have uninsured motorist, so I was
>out a car (more or less).

Yup.  And I'll fill you in on a little secret.  If you HAD had UUM
coverage, you'd STILL have been out a car.  I've had it on my policy
for several years.  In 1981, on I-35 near Waco a (very probable) doper
driving a delapidated old red Ford pickup rear-ended my car (I was
only doing about 50, attempting a delicate passing maneuver on a 70-foot
semi-mobile highway obstruction, at the time) and subsequently blasted
away into the distance, while I struggled to regain control of my car
on the inner shoulder.  I doubt that you can easily conceive of the number
of times I have cursed myself for not making a more concerted effort
to read the license number on that truck.  You see, in order to collect
under the UUM clause, you potentially have to prove that the offending
motorist doesn't have adequate insurance.  That's usually rather difficult
when you can't even identify the person.

Do you understand now why UUM coverage is so cheap?  It is NOT hit-and run
insurance.  Dry ice will form spontaneously in Hell long before the average
policyholder will be able to collect under it.
-- 

    Jim Crandell, C. S. Dept., The University of Texas at Austin
               {ihnp4,seismo,ctvax}!ut-sally!crandell

bill@utastro.UUCP (William H. Jefferys) (09/17/85)

> In article <757@nmtvax.UUCP> allan@nmtvax.UUCP (Allan F. Perry) writes:
> >I think that an uninsured/underinsured motorist clause is a good thing to
> >have with your insurance.  A couple years ago, while I was sitting in the
> >house studying and heard a loud crash.  I went outside to find my car in
> >the neighbor's yard and a car speeding away from the scene.  The insurance
> >that my dad bought for my car did not have uninsured motorist, so I was
> >out a car (more or less).
> 
> Yup.  And I'll fill you in on a little secret.  If you HAD had UUM
> coverage, you'd STILL have been out a car.  I've had it on my policy
> for several years.  In 1981, on I-35 near Waco a (very probable) doper
> driving a delapidated old red Ford pickup rear-ended my car (I was
> only doing about 50, attempting a delicate passing maneuver on a 70-foot
> semi-mobile highway obstruction, at the time) and subsequently blasted
> away into the distance, while I struggled to regain control of my car
> on the inner shoulder.  I doubt that you can easily conceive of the number
> of times I have cursed myself for not making a more concerted effort
> to read the license number on that truck.  You see, in order to collect
> under the UUM clause, you potentially have to prove that the offending
> motorist doesn't have adequate insurance.  That's usually rather difficult
> when you can't even identify the person.
> 
> Do you understand now why UUM coverage is so cheap?  It is NOT hit-and run
> insurance.  Dry ice will form spontaneously in Hell long before the average
> policyholder will be able to collect under it.

I checked my policy.  It clearly states that included is  a vehicle
	"Which is a hit and run vehicle whose operator or
	owner cannot be identified..."
It also states:
	"If we and you do not agree as to whether or not
	a vehicle is actually uninsured, the burden of
	proof as to that issue shall be on us."

Perhaps the forms have changed since you had your experience.  Or
perhaps it varies from company to company.  It's a good idea to read
your policy over on occasion.

-- 
Glend.	I can call spirits from the vasty deep.
Hot.	Why, so can I, or so can any man; But will they come when you
	do call for them?    --  Henry IV Pt. I, III, i, 53

	Bill Jefferys  8-%
	Astronomy Dept, University of Texas, Austin TX 78712   (USnail)
	{allegra,ihnp4}!{ut-sally,noao}!utastro!bill	(UUCP)
	bill@astro.UTEXAS.EDU.				(Internet)

allan@nmtvax.UUCP (09/19/85)

Indeed.

I checked the policy out before I paid the extra $24/year and it explicitly
says that a HIT and RUN driver is an uninsured driver.  So there!

Allan F. Perry

crandell@ut-sally.UUCP (Jim Crandell) (09/23/85)

In article <734@utastro.UUCP> bill@utastro.UUCP (William H. Jefferys) writes:
>> In article <757@nmtvax.UUCP> allan@nmtvax.UUCP (Allan F. Perry) writes:
>> >I think that an uninsured/underinsured motorist clause is a good thing to
>> >have with your insurance.  A couple years ago, while I was sitting in the
>> >house studying and heard a loud crash...
>> 
>> Yup.  And I'll fill you in on a little secret.  If you HAD had UUM
>> coverage, you'd STILL have been out a car.
>
>I checked my policy.  It clearly states that included is  a vehicle
>	"Which is a hit and run vehicle whose operator or
>	owner cannot be identified..."

Okay, you got me.  I knew at this point that something was probably wrong,
leaning on the assumption that Jefferys and I both have legal Texas
auto insurance policies.  Funny thing; mine contains language much like
the stuff in his.  Has it changed?  I actually found the policy that
was in effect in '81 when my car got wrecked (there are some benefits
to being a packrat) and it, oddly, says the same thing, though not in
the same words.  I bring this up not so much to make excuses for myself,
however severly mauled I may have been, but because I think there's a
useful lesson in it.  Where did I get the idea that my policy didn't
cover hit-and-run accidents when it clearly stated the contrary, you
ask?  Good question, but the answer is easy.  Instead of digging out
the policy and reading it, I called my insurance agency on the phone
and asked.  It's a big Independent^(circle-R) agency (= lots of people
work there) and some of the agents are very good, but occasionally you
will meet one who doesn't really know what's going on.  The moral, if
there is one, must be this: if you want to know what an insurance
policy covers, read it yourself first.

And of course, I apologize for spreading misinformation on the net.
-- 

    Jim Crandell, C. S. Dept., The University of Texas at Austin
               {ihnp4,seismo,ctvax}!ut-sally!crandell