A lawyer's thoughts on uninsured drivers

[dochawk]

I wrote this as a response on another thread, but it's a more general topic.

While I am an attorney, this is not legal advice. If you want that, you need to pay my retainer.

Uninsured drivers should be hung out to dry just like thieves today.

Speaking as a lawyer, there are a few possibilities:

1) mandatory impound of uninsured vehicles at any traffic stop. For that matter, parked on a public street or publicly accessible lot without insurance (by running plates through dmv). [conceivably, even install a bounty system so that a licensed entrepreneur with a tow truck could impound without police.]

2) non-cancellable liability policies. An insurer may only drop a policy during its term after receiving proof of insurance from the new company.

3) Subordinate automobile loans to injury claims caused by the vehicle. In the process, allow banks to "force place" liability insurance as is done with home mortgages.

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[AMTRV]

All of this is old news……
and your reason for posting?

 

[Joe Strummer]

I once asked a lawyer "how much do you charge?"

"$300 for three questions" she replied.

I said "that sounds expensive."

"I don't think so" she said, what's your third question?"

 

[James K]

I once asked a lawyer "how much do you charge?"

"$300 for three questions" she replied.

I said "that sounds expensive."

"I don't think so" she said, what's your third question?"

What do you have when there are 2862 lawyers at the bottom of the ocean?

A good start.

 

[Snox801]

We honestly wouldn’t need all the safe guards if more lawyers and judges would actually sue people without insurance. Most people don’t get it because they know nothing will come of it if something happens.
people with stuff to lose have insurance. Those that don’t skip it. Both accidents I had that were not my fault. Neither had insurance. My insurance would not go after the guys for settlements because they didn’t have any money

I thought well no shot they are 20 yo but that judgement follows them. If or when they become gainfully employed. Get the money out of them. As of now they face no consequences.

 

[todd92]

People that don't have insurance have no money. What's the point of suing them?

Impounding cars? What if there's a mistake and there is actually insurance in place? Oops sorry?

How about all of you ambulance chasers that make people think getting in an accident is like buying a winning lottery ticket? What shall we do to put you out of business?

 

[commadorebob]

I'm not a lawyer. I work with computers.

Have you tried rebooting it?

 

[Glen Baker LLC]

We honestly wouldn’t need all the safe guards if more lawyers and judges would actually sue people without insurance. Most people don’t get it because they know nothing will come of it if something happens.
people with stuff to lose have insurance. Those that don’t skip it. Both accidents I had that were not my fault. Neither had insurance. My insurance would not go after the guys for settlements because they didn’t have any money

I thought well no shot they are 20 yo but that judgement follows them. If or when they become gainfully employed. Get the money out of them. As of now they face no consequences.

Nothing has changed.
In 1976 I was driving my 1972 Chrysler Newport on the Illinois Tollway, when I was rear-ended by a young guy at the toll booth. I even remember his name Jeffrey McCaffrey he lived in Maywood Illinois.
Jeffrey was driving without insurance. A police report was taken court date given. I went back to Cook County Illinois for the court date. What a freaking waste of time.
Jeffrey told the judge that he didn't have any money, he didn't have any insurance. The judge told Jeffrey he was going to cite him with driving without insurance that was it.
The judge told me there was nothing he could do. The judge even had the audacity to ask me, why I bothered showing up. I told him I wanted my car fixed. The judge said, Since Jeffrey had no assets, no insurance there was nothing he could do. I asked the judge to suspend his license until he got insurance and the judge refused.

 

[Snox801]

Nothing has changed.
In 1976 I was driving my 1972 Chrysler Newport on the Illinois Tollway, when I was rear-ended by a young guy at the toll booth. I even remember his name Jeffrey McCaffrey he lived in Maywood Illinois.
Jeffrey was driving without insurance. A police report was taken court date given. I went back to Cook County Illinois for the court date. What a freaking waste of time.
Jeffrey told the judge that he didn't have any money, he didn't have any insurance. The judge told Jeffrey he was going to cite him with driving without insurance that was it.
The judge told me there was nothing he could do. The judge even had the audacity to ask me, why I bothered showing up. I told him I wanted my car fixed. The judge said, Since Jeffrey had no assets, no insurance there was nothing he could do. I asked the judge to suspend his license until he got insurance and the judge refused.

That is the problem, my best friend got hit a few year back by an uninsured driver. Broke his leg. Same line as you got. But he was in his 20’s why not make an example and start him with the debt. Instead 3 years later he had a job and a new 30k Harley. But my friend still was left recovering from the financial loss.

 

[Glen Baker LLC]

That is the problem, my best friend got hit a few year back by an uninsured driver. Broke his leg. Same line as you got. But he was in his 20’s why not make an example and start him with the debt. Instead 3 years later he had a job and a new 30k Harley. But my friend still was left recovering from the financial loss.

50 years later in the status quo hasn't changed I think you're wasting energy hoping for anything to change.
Your friend seems to know an awful lot about this uninsured motorist and their lifestyle 3 years after the fact.

In Michigan, driving without auto insurance is a misdemeanor.
Plus your friend trying to collect damages from the uninsured motorist is a civil matter trying to collect civil judgments can cost you more money than what you're going to get.

Bottom line is you can spend more money trying. But you still aren't going to get blood out of a turnip

 

[Snox801]

50 years later in the status quo hasn't changed I think you're wasting energy hoping for anything to change.
Your friend seems to know an awful lot about this uninsured motorist and their lifestyle 3 years after the fact.

We live in a small town. He dates a girl I went to school with. Not hard to know most people in our town. So not hard to know what he’s been up to. Plus it’s not like people don’t put every thing about them online these days.

I’m not holding my breath for it to change anytime soon.

 

[25XLT]

Certainly, uninsured motorists are a huge problem and represent a danger for all of us as road users. The old saying goes, "Drive it like you stole it" is much more common among those who have nothing to lose and are largely uninsured/unregistered and unlicensed.
Other first world countries use speed and registration cameras to catch those who jeopardize other road users but are not in use here for some reason. I have been a victim of these drivers and one hit-and-run.
I have heard that it is because we have a very large population of poor folks compared to other first world countries such as Canada or Australia.

 

[MakinDoForNow]

We live in a small town. He dates a girl I went to school with. Not hard to know most people in our town. So not hard to know what he’s been up to. Plus it’s not like people don’t put every thing about them online these days.

I’m not holding my breath for it to change anytime soon.

I was expecting that the "punch line" would have been " I had her cut him off".

 

[HeyBales]

And a very large population that needs to drive, seemingly.

I see many local comments on NextDoor when this topic comes up and the related driving with 1-3 yr old expired temp tags - it's not even that they are poor so much as not doing due diligence.
Many share that they weren't aware they would have to pay taxes upon registration, they assumed contained in the loan, didn't read their paperwork, and then insurance was higher than they thought because they didn't get quotes first, ect, ect - all resulting in they are outside their budget and skip the insurance, and registering.

I'm sure if that much thought was given to those expenses - they probably didn't account for the loan payments correctly (thanks Drive-Time for seemingly making it so simple), or maintenance expenses, or how to get a more trustworthy used vehicle.

The aspect of society to deal with things at the last moment or make short-notice decisions, just because it's possible, sometimes right on your phone - doesn't mean it's smart short or long term with all things.

When I see local surveys in certain neighborhoods, where the newspaper (online actually) pulled in stats regarding avg household income and working people - and they answered they are living paycheck to paycheck or similar - someone likely didn't take advantage of any available financial classes in high school or college, and sorta helped themselves into that situation.

Yes there are surprises and inflation, and restrictions on always making ends meet. But some people don't help themselves.

 

[Kenv24]

And a very large population that needs to drive, seemingly.

I see many local comments on NextDoor when this topic comes up and the related driving with 1-3 yr old expired temp tags - it's not even that they are poor so much as not doing due diligence.
Many share that they weren't aware they would have to pay taxes upon registration, they assumed contained in the loan, didn't read their paperwork, and then insurance was higher than they thought because they didn't get quotes first, ect, ect - all resulting in they are outside their budget and skip the insurance, and registering.

I'm sure if that much thought was given to those expenses - they probably didn't account for the loan payments correctly (thanks Drive-Time for seemingly making it so simple), or maintenance expenses, or how to get a more trustworthy used vehicle.

The aspect of society to deal with things at the last moment or make short-notice decisions, just because it's possible, sometimes right on your phone - doesn't mean it's smart short or long term with all things.

When I see local surveys in certain neighborhoods, where the newspaper (online actually) pulled in stats regarding avg household income and working people - and they answered they are living paycheck to paycheck or similar - someone likely didn't take advantage of any available financial classes in high school or college, and sorta helped themselves into that situation.

Yes there are surprises and inflation, and restrictions on always making ends meet. But some people don't help themselves.

Good points....but, I think it boils down to auto and home insurance has gone SO sky high, even normal income folks can't afford it any more. That's why the rapid increase in non-insured drivers. So they do away with the car insurance so they can buy other things that are necessities. The more they read about stories saying "They can't sue me for much if I don't have much" pushes some to give it a try and take the risk without the insurance.

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