VICTIMS OF UNINSURED DRIVERS: SUE D.M.V.
PART 1 of 2
© 2007 - NewsWithViews.com
On May 28, 2002, my beautiful daughter, my only child, was rear ended on the freeway in LA. Since she was stopped because of another accident right next to her lane, the police were right there. Brandy was wearing a seat belt and took the entire brunt of the forceful impact. The driver who hit her car turned out to be an uninsured Mexican, who I later found out is an illegal alien. This illegal was attending UCLA on your federal income tax dollars.
My daughter required months of medical attention and on the way to her final appointment for specialized treatment, November 8, 2002, she was rear ended again at a stop sign. This driver is insured, but her mini van striking the car, causes my Brandy to be re-injured.
My daughter, still requiring physical therapy, trying to recover from this battering to her body is again struck on February 21, 2003. This time she is broad sided by an illegal Mexican with no insurance who runs a red light at approximately 40 mph. Thankfully, this uninsured illegal hit the passenger side of the vehicle or she would have killed my daughter. The damage is extensive this time. This illegal driver with no insurance skipped back across the border, leaving behind the carnage of a battered body that is in constant pain. This illegal alien had phony Michigan plates on the mini van and was using a phony Michigan drivers license.
Brandy has uninsured motorist coverage, but our insurance company, realizing they are going to be on the hook for settlement money as provided for in Brandy's policy put us through Hell. Because this illegal alien skipped back across the border, they couldn't interview her so they charged my daughter with the accident and raised her premium! Brandy was backing out of a lot. The street was clear. She could have no way of knowing this mini van would come flying through a red light and hit her, but that didn't matter to our insurance company even though there were witnesses. In the end, Brandy got nothing for all her pain and suffering.
Between the first accident and 2006, it cost my husband and I, $92,000 in cold, hard cash for Brandy's living expenses until she could get back on her feet, the bills from private investigators to track down these illegals, specialized treatment our insurance company would not pay for and lawyers bills. There is no retirement nest egg for my husband and I, but my Brandy is still alive and for that, I thank God everyday. She will suffer the rest of her life with the lingering problems from the accidents, i.e., constant back aches, clinical migraines that knock her out. The illegal alien from UCLA has gone about her business and the illegal alien who skipped back across the border could care less and neither does George Bush, Nancy Pelosi, Hillary Clinton or your state legislature.
On October 31, 2007, she was hit again by this woman:
This female was driving with no insurance. She ran a stop sign and plowed into Brandy's two month old SUV hybrid. I asked my daughter several months ago to get an SUV for better protection because I was afraid of this happening again and thank God, she took my advice. Another car with four young men were stopped at the other stop sign and saw the whole thing. Also, thankfully, they stayed with my daughter because this uninsured driver actually got on her cell phone and told her "homies" (her words) to get on down and help her "kick my daughter's ass." Yes, she intended to beat up my daughter. These four young men prevented that and bless them for staying the whole time until the police showed up. Fortunately, Brandy had her camera and took pictures, not just of the accident,
but this uninsured driver and her friends keyed Brandy's vehicle! They took car keys and destroyed the driver's side while waiting for the police to arrive.
The police, after three 911 calls, finally showed up an hour later. They cited this uninsured driver with several citations including malicious destruction. The tab to repair Brandy's vehicle was $9,000.00; she just got it back three days ago. My baby girl (I know, she's 32, but she will always be my baby) was re-injured and is back in physical therapy. How can one person be hit by three uninsured motorists in five years? Because in LA you're talking about an astronomical number of drivers with no insurance who simply don't give a damn. God only knows how many of them are illegal aliens since LA is a haven for these criminals who smuggle themselves into our country like thieves in the night.
I did a column about this back in 2003 and received a half dozen emails from libertarians who said it's unconstitutional to force people to pay for car insurance and that everyone should just make nice and take care of the expenses. All 50 states require insurance and until you are the victim, it's easy to say you don't want to pay car insurance and actually believe these uninsured motorists are going to come up with tens of thousands of dollars to repair your vehicle and body. A few states have mentally ill people serving in their state legislatures who have voted to give illegals drivers licenses. Think these illegals have insurance? Think again. These criminals have NO reason to stick around and "make it right" for you and your family and they don't. Let me give you the numbers from my aforementioned column:
"Here in California the numbers are astronomical. Statewide, over one third of drivers lack insurance--about 33 percent, according the California Department of Insurance. The figures skyrocket in low-income and minority city neighborhoods: nearly 50%. In San Jose, California, 55% of all drivers on the road have no insurance. Statewide, the problem is worst in the Los Angeles, Imperial, San Diego and Alameda counties. With the exception of Alameda, the uninsured rates in those counties reaches a whopping 90 percent range. Alameda County's worst neighborhood, Oakland, is 63 percent uninsured. Just to put things in perspective: Statewide, every third car that goes by you - the driver has no insurance. In LA, one of the two cars involved in an accident, one has no insurance."
The time has come to hold the states responsible and since the legislatures have made themselves immune, the next logical place is the DMV. After the third accident in February 2003, I had a face to face meeting with California State Senator Pete Knight at the state capitol; one of the good guys who unfortunately passed away, May 7, 2004. I gave Pete all my research and he told me this: The legislature would do nothing because of the bleeding heart liberals holding power in Sacramento. The Democrats continue to control the legislature in California with a flaming butch dyke liberal controlling their senate. Pete told me the only way he thought change would happen is to sue the California Department of Motor Vehicles. They are mandated by law to make sure no person is issued a driver's license without proof of insurance. If they were hit for a five or ten million dollar pay out in a lawsuit, they would immediately figure out how to verify a person has valid insurance before issuing a license and if the insurance is dropped for non payment, their license is immediately yanked.
Let me tell you the loophole. People buy insurance on the monthly payment plan which I have no problem with except that they sign up, get the certificate, get a four year license and never make another payment until it's time to renew their license. The way the process works now, anyone walks into a DMV with a piece of paper claiming to be valid insurance, the clerk slogs through the process and without verifying the authenticity of these insurance documents, gives the individual a license. No "proof" of insurance, just a piece of paper anyone can create on a home computer and printer. The DMV doesn't bother to verify if the certificate is real or phony and I know for a fact that illegals are using phony insurance documents printed up off home computers to acquire a driver's license. They buy stolen identities off the street corner to get a license and present these phony documents with a phony insurance certificate.
Let me tell you something else: the insurance companies DO NOT CARE or they would have done something about this mess decades ago. All of these insurance companies have powerful lobby groups and they could put the pressure on these state houses big time, but they don't. They just continue to raise our premiums to pay for all these accidents by people who pay nothing. We're all paying through the nose for insurance because others want a free ride and that includes walking away from your accident without it costing them a penny. We would all see lower premiums if everyone were insured. For low income families, the states offer special discount insurance you and I can't apply for, but refuse to get because they don't want to pay even the lowest rates; see my column here.
What needs to be done?
Victims of uninsured drivers need to come together and file class action lawsuits in every state. My daughter will be suing the California DMV soon because we've had enough. The law mandates the DMV makes sure no one is issued a driver's license without valid insurance and since they have failed to do their lawfully required job, they are at fault and must be held accountable. The only time these bureaucracies react is when it costs them money. Fine.
How do you find others in your state who are victims? Do we have one person out there who can volunteer to slap up a simple web site like www.victimsmotorvehiclelawsuit.com and send the link to me? I'll make sure it gets displayed on my web site and in my columns. This simple web site should have fifty states with a page where victims can list their name and contact info. Contact each other and find an attorney to represent you in a class action lawsuit. I feel confident there are good, decent attorneys out there who would represent a group of victims. This is the only way to force this issue and stop this insanity. I doubt the jury is going to be sympathetic to the DMV in my daughter's lawsuit when they see how out of control this mess really is and that they and their loved ones are also at huge risk.
Motor Vehicle Departments in all 50 states need to verify insurance at the time a license is applied for and this can be done with a simple phone call. Individual comes into the DMV with proof of insurance that contains a direct phone number to the insurance company. The clerk at the DMV picks up the phone and dials that number, speaks to a rep at USAA, AAA, Geico or State Farm and gives the person's name, policy number and verifies that this individual is indeed an insured and that the insurance is paid up. I am fully aware of the misery of the lines at DMVs. I lived in California for 40 years. However, what is more important - another five minutes or getting hit like my daughter over and over and over by uninsured drivers?
The insurance companies can also make this information available to the DMVs through a simple data base restricted to use only by the DMV. The clerk at the DMV could then type in the insured's name, policy number and verify on line in one minute whether or not the person at the counter has insurance and that it's paid up, but this won't happen unless they're forced by a law. Additionally, insurance companies should be required by law to immediately pump out a simple document to the state DMV when an insured has missed a payment and is no longer covered. This way the DMV can put it in their data base within 24 hours and stop another uninsured driver from obtaining a license and then going out and maiming or killing another American and simply walking away with a slap on the wrist. Cross verification is a good thing.
This may sound like hard ball to you, but thousands of Americans are being slaughtered or seriously injured and maimed every year on roads and highways by those who refuse to pay for insurance and illegals who have obtained phony documents to get a license. I have cried a million tears over my daughter's accidents. It hurts so bad to see your child hurt so bad. These uninsured drivers get a slap on the hand or skip across the border while you and your loved one try to pick up the pieces or grieve the rest of your life because your loved one is dead and you barely have enough for the funeral and burial. I get quite a bit of mail each year on this one issue from people reading my 2003 column and the stories will break your heart. If you think you and your loved ones won't be victims, you're playing Russian Roulette. Look at those numbers above. Check your state. I'm confident they will be in the double digits. For part two click below.
Click here for part -----2,
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All of these insurance companies have powerful lobby groups and they could put the pressure on these state houses big time, but they don't. They just continue to raise our premiums to pay for all these accidents by people who pay nothing.