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  • Kristin's Crash Course in Mobile Threats Save Email Print
    Hit by uninsured driver
    Posted: 9:34 PM May 8, 2008
    Last Updated: 9:31 AM May 9, 2008


    A | A | A

    Two weeks ago, we showed you what uninsured drivers can do to another driver's finances and to their lives. Now, one innocent driver is making a slow recovery while an uninsured driver has escaped unscathed.

    Kristin Lewis says when you have an accident this bad, it changes you

    "I cried the minute it happened," she said. "I cried when I saw my car. I cried when I first saw my husband and my mom. It just hasn't been a good experience."

    Tears were also shed because the person who caused the accident was an uninsured driver.

    "In no way was any of it my fault but we are the ones that have to pay for everything and deal with it all and she just got to walk away," Kristin said.

    An uninsured driver missed a stop sign and crashed into Kristin's car. Once the impact occurred, it sent Kristin's car spinning uncontrollably into oncoming traffic. It ultimately stopped when it hit a fire hydrant.

    "I'm pretty banged up," Kristin said.

    Since Monday, there have been 16 X-rays, one CT scan, a visit from a plastic surgeon and follow-up visits. Kristen faces a monumental medical bill for injuries caused by someone else.

    She has, "26 stitches on top, three bones in my wrist and I broke my ankle."

    Equally painful is that Kristin's own insurance will only pay up to $10,000.

    She says she is trying to keep perspective.

    "It was so scary not only to be hit by a car but to come to and see blood all over me was the scariest thing that has ever happened to me."

    But with bills piling up and no at-fault driver to pay them, "we are struggling financially," she said.

    Insurance coverage for an uninsured motorist pays for bills like Kristin's medical care caused by the uninsured driver. She purchased coverage with a $10,000 limit.

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    Posted by: T Location: Omaha on May 9, 2008 at 09:32 PM
    Those of you recommeding that she sue - she has to hire her own lawyer, out of her pocket. You cannot recover legal fees in the U.S. It would take several years for her case to wind through the courts. The driver is likely judgement proof. Suing is not a real option. You need to protect yourself by buying adequate uninsured coverage.

    Posted by: To Loray Location: Omaha on May 9, 2008 at 09:30 PM
    You are right on the liability limits, but Nebraska has no requirements to include uninsured/underinsured coverage - she picked a policy with a low limit.

    Posted by: insurance chic Location: Omaha on May 9, 2008 at 05:33 PM
    NE requires uninsured motorist (bodily injury) limits of 25,000/50,000. This means that in the event some bad person recklessly gets into a car they don't carry insurance on and drives like a nutball and hits you - both you and your passengers have some coverage. I suspect that your $10,000 limit is really something called med pay - which can be used regardless of fault. You can see what your limits are by looking at your insurance card - they will be listed on it. Here's the tricky part - the uninsured person has to be "at fault" for the accident and there has to be proof of no insurance. Once that is proven - you should be able to get your medical bills paid under your underinsured motorist (UM BI). but note that NE only requires you take $25,000 ($50,000 for everyone in the car if there were multiple people). In some states they take the car of the uninsured motorist. I really like that law!

    Posted by: Loray Location: Gretna on May 9, 2008 at 03:41 PM
    Why does she have just 10,000 I thought 25,000/50,000 is the state minimum on NE liablity Insurance?

    Posted by: Lawyer Location: Omaha on May 9, 2008 at 01:52 PM
    Leslie - even if the other driver had insurance, if that driver only carried the minimum liability coverage required by Nebraska ($25,000 per person), Kristin would still be stuck paying for her own attorney to sue a driver for any damages over $35,000 (the driver's $25,000 and her $10,000 of underinsured). You can't recover your attorneys fees, it can take years to collect, and any judgment may be uncollectible, so each driver needs to protect themselves with adequate uninsured/underinsured coverage. We were not blaming Kristen, but using this as a teaching point - make sure you are adequately covered - don't assume the other driver has the assets or insurance to cover all your losses.

    Posted by: Connie Location: Omaha on May 9, 2008 at 01:26 PM
    I understand where Kristin is coming from, it is sad that there are people out there driving around without any insurance. I was rear-ended by an un-insured motorist (it was initially also a hit and run) - the police finally located the car but the person driving the car was not the owner. The driver was suppose to go to court and I was notified of the date and then was informed that it had been continued. . . I never heard another word and my insurance company landed up having to foot the entire bill. I was not injured but my car was new and sustained over 5 thousand dollars worth of damage. There has to be something that can be done to the un-insured driver in this case.

    Posted by: PLEASE READ KRISTIN! on May 9, 2008 at 01:21 PM
    The same thing happened to my mom at 69th & Dodge. The girl flew up over the hill going West on Dodge and t-boned my mom cuz she ran a red light. She gave her insurance info, my mom was hurt and had to miss lots of work and go to the ER, turns out the insurance she gave was her dad's insurance and she wasn't even covered. I begged my mom to sue because she had to buy a new car , the other was totalled and she was upside down on the loan because of it, yet she didnt...and now she's had to pay the difference, even 6 years later. PLEASE DONT MAKE THE SAME MISTAKE!! SUE HER!!!

    Posted by: J Location: CB on May 9, 2008 at 01:07 PM
    Kristin, Have you checked with your insurance company to see if you would have coverage under unisured motorist coverage???

    Posted by: Mike Location: CB on May 9, 2008 at 12:52 PM
    Years ago I was hot broadside by an uninsured, unlicensed motorist in Iowa and to our surprise, months later we started receiving checks from him. It turns out the State of Iowa sued him on our behalf and forced him to pay. There were no injuries and the vehicle was not totaled, just messed up real good. In the end we were repaid for the damages. I believe that this still takes place in Iowa today. I ma not certain though.

    Posted by: Joe Location: Omaha on May 9, 2008 at 12:48 PM
    I had the same thing happen, I had to beg the insurance company not to total the car because I did not have money fo another one. I had to pay the $500 deductable noninsured/underinsured, the insurance company said they would go after her but didnt expect to get paid and said I would get my $500 after they got their money back. Think of all the non-licensed and non-insured illegal immigrants driving all over the country, I witnessed an accident where the imigrant got deported and didnt have to pay a dime or do any jail time. They dont know or care about our laws because they dont have to suffer for what they have done. Now ask why our insurance has skyrocketed.

    Posted by: JD Location: Omaha on May 9, 2008 at 12:23 PM
    Absolutely carry 100/300 in uninsured coverage. What you pay in increased premiums is NOTHING compared to the risk that you take otherwise. Uninsured drivers have the same mindset as those who drive without licenses - THEY DON'T CARE ABOUT ANYONE BUT THEMSELVES. Protect yourself.

    Posted by: T Location: Council Bluffs on May 9, 2008 at 12:10 PM
    I watched last night's story about uninsured motorist. And I would like to know, how many wrecks are there going to be at that corner of 25th and 5th avenue before someone is hurt more worst or if not killed on this sreet corner. Before the city will step up and do something about that corner. My family has lost two brand new truck in wreck on that corner alone last year. Both wrecks were within less then four months of each other. Both times the other drivers either didn't have enough insurance or didn't have any insurance at all. Let alone have a driver's license. I called city about the corner with my concern and all they've done is added the little yellow sign beneath the stop sign. I think there should be something more done to this corner. Before someone losses their life. May they should add a speed grid like strips before the enter section going north and south on 25th. Or even think about making this corner a four way stop for all traffic.

    Posted by: Nikki Location: Council Bluffs on May 9, 2008 at 10:52 AM
    To OmahaAnnie and T- I just love how you both commented about the amount of insurance that this innocent, hardworking, young lady has and how much she should have. And yet, you say nothing about the loser that hit her that didn't even have "bear-bones" insurance. Obviously, you two have plenty of money and the glass house you live in is 100% paid for. Must be nice to live in your world. As far as what the uninsured driver got for her actions, a bunch of tickets and got to walk away, to her home, unhurt, and could probably care less about the road that is ahead for Kristin. For the people that choose to make your wise comments about the amount of insurance that Kristin has, think about the situation and put yourself in her place. She didn't deserve any of this.

    Posted by: Nikki Location: Council Bluffs on May 9, 2008 at 10:39 AM
    My heart goes out to Kristin and her loved ones. It is so frustating that people that go to work everyday, live their lives the right way, have to suffer because of others that don't. The woman that hit her is also behind in child support, does not own a house, and probably does not have a job. What makes the situation worse is that the Lewis's will be in debt because of this woman. The laws in Iowa need to be changed where uninsured motorists are concerned. Sure, you can file a lien against her and she will not be able to buy a car, or a house, etc, but a person like this probably wouldn't care. It is just a shame. I hope your recovery is swift and there is a windfall that will help you with all of the bills, Kristin. God Bless!

    Posted by: When will it end!! Location: omaha on May 9, 2008 at 10:38 AM
    These situations happen more often than not. Why isn't the name of the uninsure driver not made available when these stories are made public. They should be listed on a website just like the sex offenders.

    Posted by: A Location: O on May 9, 2008 at 09:52 AM
    I'm very sorry for the pain and frustration you've endured, Kristin. Will be praying for you. Just give it time and James Martin Davis will be representing and making excuses for the uninsured driver.

    Posted by: W Location: MIDTOWN on May 9, 2008 at 09:36 AM
    I would also sue the uninsured. If they can afford a car they can pay something. I would also talk to the police and see about charging the driver with assault and battery or attempted vehicular homicide if they ran the stop sign. People forget that driving is a privilage not a right.

    Posted by: Leslie Location: Council Bluffs on May 9, 2008 at 09:16 AM
    I understand that insurance is expensive, but the least a responsible pereson should have is liability insurance, that way they can cover someone else's damage & bills even if not their own. This young woman is being responsible by having insurance & people are reprimanding HER for not having enough insurance!!! She shouldn't have to pay for someone else's lack of responsibility! Good luck to you, Kristin & may God bless you.

    Posted by: OmahaAnnie on May 9, 2008 at 09:11 AM
    Minimum 100/300 coverage.

    Posted by: Doug on May 9, 2008 at 09:11 AM
    These people get a policy just long enought to license their car, then let it lapse. We need a requirement that any lapse or cancellation of a policy is reported to the state. At least carry liability, it's not that expensive. (Unless you drive like a moron and have a mess of a driving record.) Again, this boils down to the fact that people don't take any personal responsiblity, and thetr are no consequences for their actions. Screw over whoever you want, there's no guilt involved. This country is just sad anymore.

    Posted by: Erin on May 9, 2008 at 08:23 AM
    Hopefully some attorney will take her case pro-bono & sue the uninsured motorist...for A LOT of $$

    Posted by: Vicki Location: nebraska on May 9, 2008 at 01:51 AM
    Is there any way you can file a lawsuit against this person for the damamge they have caused? I also think there should be charges of criminal assault with a deadly weapon - her uninsured vehicle. Good luck to you.

    Posted by: Martin Location: Omaha on May 9, 2008 at 12:12 AM
    I would like to see WOWT do a story on the auto insurance increase over the last couple of years. THIS STORY EXPLAINS WHY DOESN'T IT? I am curious what legal action the Uninsured driver received. I believe that any un-insured driver should accept the financial responsibility from their actions! If they cannot afford insurance then ride the BUS!!!

    Posted by: Brian Location: Omaha on May 8, 2008 at 10:40 PM
    Lawmakers should pass a law, if you don't carry insurance, cause an accident and injure someone, pay up or do jail time. Kristen is victimized twice.

    Posted by: Pat Location: Omaha on May 8, 2008 at 10:32 PM
    It's too bad that we have to purchase extra insurance to cover people who break the law but that is our personal choice. If you feel lucky don't buy it, personally I would not be with out insurance. Change the law or pay for uninsured coverage.

    Posted by: B Location: Omaha on May 8, 2008 at 10:31 PM
    This is why it is important to review your insurance policies regularly and update your limits to keep up with inflation. Keep in mind that it is much cheaper to pay higher premiums for more coverage than it is to pay the astronomical medical bills that can result from a serious accident. We need to demand that the courts do more to these maniacs that are running around without insurance. Chain gangs sound good to me. Kristin I will be praying that you recover quickly and can find a way to pay the resulting bills without going bankrupt.

    Posted by: T Location: Omaha on May 8, 2008 at 10:04 PM
    The risks of buying bear-bones insurance. I pay a bit more, but between my base policy and umbrella, I have about $1 million of uninsured/underinsured coverage.

    Posted by: Mel Location: Bellevue on May 8, 2008 at 09:45 PM
    I don't understand why this isn't considered a felony crime. By hitting another person uninsured, you are literally creating an assault to that person in every way possible. At the very least, this person should lose her driver's license. Too bad this news story doesn't include her name so that people know what kind of a person she really is. I understand that insurance is expensive, but without it, you need to make the responsible decision not to drive. Blessings to the woman who was hurt - I hope that in the end...you are able to recope your money through a civil suit and garnishment of her wages. Take this all the way to the end - you deserve it.

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