14 replies to this topic

[Fowler]

Just wondering what everyone thinks on this situation: My sister was rear-ended a few days ago by a guy who admitted he's only been in the US for a few months. He is unlicensed and uninsured, not sure of immigration status or if that even matters anymore. Her car had just a scratch, his had a fair amount of front end damage. She tells me she isn't going to worry about it because she doesn't want her insurance to go up (they already have a couple accidents between her and her husband). Doesn't that encourage people to continue to drive around illegally? I'd sure feel guilty if I found out later the same guy had been in multiple accidents, maybe with someone injured. What exactly would have happened to this guy had she reported it? Shouldn't she have asked for an officer to respond if one was available? Who exactly is she helping in this situation? Isn't he the reason our car insurance is so expensive in the first place?

[newsblaze]

Isn't he the reason our car insurance is so expensive in the first place?

I think that is part of the reason. Our car was a total write off and my wife was in the hospital because of an uninsured idiot who then left the scene of the accident. Luckily, the police caught him. Our insurance company paid everything and then went after him. Didn't change our premiums at all.

You have to report these people before they kill someone, unless you don't care about anyone else.
- in which case you should lobby your politicians to repeal all laws and revert to the wild west.

[folsom15]

In the San Diego area, a link has been established (according to the local news) between the high number of illegal immigrants in the area and the number of hit and runs where the person flees the scene of the accident(they actually have signs on interstate freeways warning to watch for them crossing, like a deer sign). Something like 30% of accidents down there involve a hit and run.
Sounds like this second case would fit that scenario.

[Fowler]

I was talking about this with my co-workers today, and we still didn't come to any conclusion as to what would happen to the guy, illegal or not. There's no DL to revoke/suspend. Would law enforcement actually spend the time and money to ship him home if he was illegal? I know my sister was taking the attitude of "just to much to deal with it", but I still feel that he's getting away with it AND what if he kills or hurts someone next time. Maybe he scored 1/2 a point by not leaving the scene this time, but if there were more damage or if someone was hurt, I'm guessing he'd be gone.

[mac_convert]

VERY WELL SAID!

The answer is to protect our borders better and monitor all people coming here on Visas to make sure they don't extend their stay illegally. Others crossing the border illegally should get stiff prison sentences when caught. And of course, businesses that hire illegal aliens should also get stiff fines and after a certain number of fines, get their business license taken away from them for five or six years.

But, for now, those who come here illegally get a free pass and the cost becomes ours to pay.

[irish1]

Before anything else, I'm glad your sister is OK, as that is the most important thing of all.

As for the situation, I would encourage anyone that has this happen to them, to call the Police to report the incident - while they're still at the scene. Especially knowing that the driver is unlicensed and uninsured. By reporting the event, it gives the opportunity for the unlicensed driver to have a little face time with the officer, and one never knows what will be learned from that. There are alternate ways to obtain the I.D. of unknowns, and to not have the opportunity to do so, is a loss for all involved. Often times the unlicensed driver is driving a vehicle registered to a relative, or someone else who possibly has insurance. The cop'ers will figure it out as they go.

The fact that the sister has prior collisions, in this instance as described, would not play against her insurance rates. She was rear-ended. Unless her driving actually caused the collision (pulled right out in front of the guy...), her part in the report would be 'not at fault,' and when (if it was) reported to DMV, it would have that notation with it, posted to her license history. Insurance providers can not use that incident when calculating premium costs, or when deciding if a person is high risk. ($500.00 or more in collision property damage, is reportable to DMV - Just in case you were wondering.)

[Fowler]

Of course I'm glad she's ok too. I just wish she'd handled the situation differently. She tends to be the more trusting, ignorant type and I'm sure he saw her as an easy target. Assuming the cop was able to determine who he was, what would have happened to him? Obviously we all hope there would have been some recourse financially/legally, but how could that ever be enforced? You can't force him to get a license and insurance and to stop borrowing cars if that was the case.

[Terry]

I would check out who the registered owner is because the vehicle cannot be registered without proof of insurance being presented to DMV. So whoever the registered owner is may have insurance to go after. Also, DMV has a form to complete for reporting uninsured drivers so that if that person is stopped or in another accident they have him/her on record. Of course that presupposes that you have true information as to the person's identity.

Good luck. Did you take a picture of the other vehicle and driver? That also might help in future identity of the vehicle/driver.

[folsom500]

Glad she was OK and the car only had a few scratches.

Having found out the info- first thing I would do is ask him to give me a cash settlement on the spot.
Next - I would get the license plate and any registration info he might have, while I was calling the cops to report it. I would take pics of the person and the two cars with my cell phone and then figure out how to transfer them to the puter - ---

[Folsom Guy]

Before anything else, I'm glad your sister is OK, as that is the most important thing of all.

As for the situation, I would encourage anyone that has this happen to them, to call the Police to report the incident - while they're still at the scene. Especially knowing that the driver is unlicensed and uninsured. By reporting the event, it gives the opportunity for the unlicensed driver to have a little face time with the officer, and one never knows what will be learned from that. There are alternate ways to obtain the I.D. of unknowns, and to not have the opportunity to do so, is a loss for all involved. Often times the unlicensed driver is driving a vehicle registered to a relative, or someone else who possibly has insurance. The cop'ers will figure it out as they go.

The fact that the sister has prior collisions, in this instance as described, would not play against her insurance rates. She was rear-ended. Unless her driving actually caused the collision (pulled right out in front of the guy...), her part in the report would be 'not at fault,' and when (if it was) reported to DMV, it would have that notation with it, posted to her license history. Insurance providers can not use that incident when calculating premium costs, or when deciding if a person is high risk. ($500.00 or more in collision property damage, is reportable to DMV - Just in case you were wondering.)

Great post...as for Fowler's questions...what are the consequences for unlicensed/uninsured driver in this case?

[irish1]

Great post...as for Fowler's questions...what are the consequences for unlicensed/uninsured driver in this case?

Going by what Fowler described, the driver would be cited for being an unlicensed driver - a misdemeanor - and for no proof of insurance - an infraction. The driver's vehicle would then be towed and stored, and could only be recovered by a 'properly (driver) licensed' registered owner with proof of the same, from DMV, and after having paid all necessary tow/storage/release fees. However, since the driver did not have any I.D. to establish their identity, and the incident involved a collision, there remains a very high probability that the subject would be booked at the county jail for the offense(s), and his identity would then need to be established (finger print database.) If it is discovered that he gave false identity during the incident, that charge would also be added I would think, along with any other outstanding arrest warrants discovered in the process.

Just because a person may not have I.D. to share at the scene of the incident, does not mean they get to skate. In fact, it raises the cop'ers interest as to what they may be hiding, and the officer's 'prey drive' then (should) kicks in.

People that drive unlicensed, suspended or revoked, DUI etc., tend to handle other facets of their life's business the same way, in that they don't abide by any rules or laws. With that said, you can pretty much know that they have had (a few, or many) prior contacts with police and the courts, and their identity (names, aka's, tattoo's, fingerprints etc.) is out there, somewhere, to be found.

Hope that answers the question(s)....
Be safe

[Fowler]

Thanks Irish. That answered all of my questions!

[Folsom Guy]

Going by what Fowler described, the driver would be cited for being an unlicensed driver - a misdemeanor - and for no proof of insurance - an infraction. The driver's vehicle would then be towed and stored, and could only be recovered by a 'properly (driver) licensed' registered owner with proof of the same, from DMV, and after having paid all necessary tow/storage/release fees. However, since the driver did not have any I.D. to establish their identity, and the incident involved a collision, there remains a very high probability that the subject would be booked at the county jail for the offense(s), and his identity would then need to be established (finger print database.) If it is discovered that he gave false identity during the incident, that charge would also be added I would think, along with any other outstanding arrest warrants discovered in the process.

Just because a person may not have I.D. to share at the scene of the incident, does not mean they get to skate. In fact, it raises the cop'ers interest as to what they may be hiding, and the officer's 'prey drive' then (should) kicks in.

People that drive unlicensed, suspended or revoked, DUI etc., tend to handle other facets of their life's business the same way, in that they don't abide by any rules or laws. With that said, you can pretty much know that they have had (a few, or many) prior contacts with police and the courts, and their identity (names, aka's, tattoo's, fingerprints etc.) is out there, somewhere, to be found.

Hope that answers the question(s)....
Be safe

Am happy and satisfied with what you shared