Not arrested for hit-and-run while driving on a suspended? Wherever you live, I don't want to drive there.

I'm glad your wife is okay.

Comms: I wish for a quick and fully recovery for your wife. Thank you for taking the time to write this thorough summary of events. I have learned much useful from this thread that I want to implement in our family preps.




Just to give you a bit of perspective of how things works in weird corners of the globe: In my neck of the woods, insurance is for the car. It is the responsibility of the owner, not the driver. No insurance equals no license plates - literally. If you don't own the car but have a valid drivers license you can drive it and don't worry squat about insurance. I think this applies to most of Europe.

One particular interesting consequence is that if anyone crashes doing something illegal (reckless driving, drunk, stolen car, whatever...) the insurance company will pay any damage to others, but will reimburse the driver of the car. Big time. Squeezing money out of the offending driver is now the insurance company's problem - not the one who suffered a hit-and-run accident by some drunk felony. Big difference.

The U.S. car insurance system has some weird kinks in it that I never have fully understood, including some peculiar differences between states. But I leave that for the U.S. residents to deal with, not my problem.

I would like to add my voice to the chorus of well wishers to your wife. Many moons ago my mother was in a similar situation with a dump truck making an illegal left turn.

Thank you for this most informative post. Many lessons have been learned and will be used, hopefully never, in a similar situation.

I am happy to hear that your wife wasn't seriously injured. I've been involved in a few crashes myself over 30+ years of driving, a couple that were severe, and have witnessed or come upon many more, so I am sympathetic on several levels.

I tend to treat cars like tools and don't form emotional attachments. So I agree with you in regards to getting something practical but inexpensive that you can pay off up-front. Just don't ignore the safety aspects, particularly since you still have young children to drive around. That 20 year-old sedan might not be pretty to look at, but I bet its a heavy, solidly-built vehicle that will stand-up well against most others in an accident. Crumple zones may be great for absorbing energy, but I selfishly prefer that energy be absorbed by the other vehicle, and that mine protects me in a solid protective shell. That's why I prefer buying frame-based SUV's for myself and my children.

In terms of the tangible damages: loss of the vehicle, medical bills, etc., and assuming you had collision coverage, your insurance company is supposed to pay-off directly and immediately, and then they are free to seek reimbursement from the other driver's insurance carrier. If you didn't have collision, your insurance will still cover your medical costs, but be prepared to wait several years before you settle with the other insurer on your damages and injury claims.

If you are planning on suing for personal injury, I would suggest you not have any direct correspondence with the other insurance company, written or verbal. Route everything through your attorney. I've learned through experience that often you will give too much information thinking to better prove your case, or say things that can be spun in different ways, and the opposition will pick and choose what puts their client in best light.

The other driver's insurance has the police report and eyewitness statements. Let your attorney deal with the rest. If you have to be deposed bring your attorney and a copy of the police report, refer to both before answering, and keep your answers as short and factual as possible.

Finally, while the other driver might be due some jail time, his insurance company doesn't care whether he goes to jail or not, and the other driver has no influence over whether his insurance carrier settles quickly and in your favor. His license is suspended so his insurance will be canceled and their risk of future losses eliminated. You pushing the court to give him jail time might be viewed as vindictive in your civil case and lessen the damages awarded. Also, while he is in jail he will not be able to testify at his civil trial, which will delay the settlement of that filing.

In NJ and PA, the only way the parent can try to avoid responsibility for a child's accident in the parent's car is to file a police complaint that the vehicle was taken without permission. That is not the same charge as auto theft, but I believe it does result in license suspension.

Regardless, the driver of the vehicle is still liable for the damages. If she was under 18, her parents are also responsible for her debts. If she was over 18 her future earnings can be garnished and her license suspended until she makes restitution. Either way its a mess that will take years to clear up, but it shouldn't delay your insurance carrier from making you whole under the terms of your homeowner's insurance.

It is not so different in NJ and PA. No vehicle may be legally registered (valid license plates) or operated on public roads without minimum insurance coverage. The insurance is on the car, not the driver (though the car owner's driving record, and any household members with driving licenses when calculating the premium).

However, anyone driving the car is also responsible for ensuring the vehicle is insured. So if you are driving a friend's car and he hasn't paid his premium, you can get ticketed, fined and suspended for operating someone else's car without insurance. This happened to a friend of mine several years ago. His uncle loaned my friend his van to pick-up a sofa. My friend was pulled-over for having a light out and the officer discovered his uncle's insurance had expired. He paid over $1,000 in fines and surcharges and lost his license for six months.

And the same thing happens in the US regarding certain cases of illegal operation, such as driving while drunk or with a suspended license. The insurance company will pay off the other damaged persons but then go after the insured and/or driver for whatever damages were paid out. For example, say your son's license was suspended and he drove your car and had an accident, and your insurance policy excludes coverage for persons driving without a valid license. Your insurance company would pay the other car owner's damages and then bill you and your son for what was paid. If you didn't pay they would get a judgment against you in court and have your driver's license suspended until you did pay.

Thinking about how to prepare for this situation:

1. Start with a safe, well-built and properly maintained vehicle, (I don't do compacts, subcompacts or econoboxes);
2. RescueMe attached to seatbelt gearshift lever;
3. Small first aid kit in pocket;
4. Small flashlight and Leatherman Micra or SAK on keyring;
5. Comprehensive first aid/trauma kit in rear of vehicle;
6. Fire extinguisher securely mounted in rear of vehicle;
7. Flares or reflective triangles in vehicle emergency kit;
8. Cell in pocket or CB Radio to call emergency services;
9. BOB/72Hr kit with extra clothing, poncho and blanket for warmth;
10. Brighter flashlights in BOB and Vehicle Emergency Kit;
11. Phone in pocket or camera in BOB to shoot photo/video of scene, damage and documents;
12. Phone voice recorder to record other driver's and witness statements;
13. iPhone Auto Accident app or notepad and pen to document other driver and witness information.

What about some actions you can take just before the accident occurs? Like standing hard on the brakes, even though you know its too late? Closing your eyes to keep airbag powder, glass fragments and debris out? Removing your hands from the steering wheel and placing them in your lap? Bracing yourself against your seatback? Any advice from the pros on this site on whether these things are effective in the real world?

Good luck on having time for one tenth of any of this.....

Yeah, I'd agree. Just my opinion, but I think it's fairly unrealistic for most folks to actually plan on reacting to an impending crash in a particular way. If you do react physically, it will likely be purely instinctual. And many collisions occur without any warning at all. Better to just develop good habits while you're driving and let the safety devices do their job in a crash IMHO.

By not driving impaired or distracted or tired, practicing prudent defensive driving practices, and always wearing a seat belt, you're about as well prepared for a crash as can be reasonably expected IMHO.