Crashed, Help me please.
#1
Crashed, Help me please.
I thought I would never need to post a thread like this since I barely drive my G. Well, today, it happened. I was going to university (1.5 miles away from me) when this guy crashed into me. It wasnt more than 2 minutes since I started driving when he hit me.
I was going north on a 40mph street, he was comming south. Light was on green, and the guy did a left turn without even looking if someone was comming (talking to his friend sitting besides him) and hit my front rim and scratched from there, all the way to my back rim (door barely scratched, but front and rear panels plus corner of my headlight are screwed). It was a direct hit to my front driver's side rim wich apparently, messed up my suspension.
Guy stopped for a while, I wrote license plate down just in case, as I approached him, he ran away. I called cops, drove back home and gave him the guy's plate number. He ran the plate up and told me he was gonna be back. He found the guy (lived close to me) and here is where it becomes REALLY nasty.
Cop comes back after 1 hour. He tells me the driver was a 16 year old boy w/o license (underage + no license). He took the car from his sister (stealing), and proceded to crash me (hit and run). Plus, the car had NO insurance. He told me the guy was given 3 tickets, 2 of which were criminal record and he now awaits court hearing.
Now, I call up my insurance, and they tell me that I have to take my car to a body shop and have them email an estimate plus pictures of the damages. Not only this, but I have to pay the 500$ deductible even though I have 0% fault.
Here is where I am lost and would like it if you guys can help me.
1) How can I make this guy pay for the 500$ deductible (If he had insurance, I wouldnt have to pay anything)?
2) How/When should I tell insurance company that they have to include cost of a car rental on the check?
3) Can I claim diminished value even though MY insurance has to pay for something I wasnt at fault for?
4) What will happen to that guy? I dont find it fair that he doesnt have to pay anything since he has no insurance.
Ill upload the pictures later with some questions about the repairability of my car. I cant express how depressed I am at the moment since, as many of you know, I love my car far beyond "a lot".
I was going north on a 40mph street, he was comming south. Light was on green, and the guy did a left turn without even looking if someone was comming (talking to his friend sitting besides him) and hit my front rim and scratched from there, all the way to my back rim (door barely scratched, but front and rear panels plus corner of my headlight are screwed). It was a direct hit to my front driver's side rim wich apparently, messed up my suspension.
Guy stopped for a while, I wrote license plate down just in case, as I approached him, he ran away. I called cops, drove back home and gave him the guy's plate number. He ran the plate up and told me he was gonna be back. He found the guy (lived close to me) and here is where it becomes REALLY nasty.
Cop comes back after 1 hour. He tells me the driver was a 16 year old boy w/o license (underage + no license). He took the car from his sister (stealing), and proceded to crash me (hit and run). Plus, the car had NO insurance. He told me the guy was given 3 tickets, 2 of which were criminal record and he now awaits court hearing.
Now, I call up my insurance, and they tell me that I have to take my car to a body shop and have them email an estimate plus pictures of the damages. Not only this, but I have to pay the 500$ deductible even though I have 0% fault.
Here is where I am lost and would like it if you guys can help me.
1) How can I make this guy pay for the 500$ deductible (If he had insurance, I wouldnt have to pay anything)?
2) How/When should I tell insurance company that they have to include cost of a car rental on the check?
3) Can I claim diminished value even though MY insurance has to pay for something I wasnt at fault for?
4) What will happen to that guy? I dont find it fair that he doesnt have to pay anything since he has no insurance.
Ill upload the pictures later with some questions about the repairability of my car. I cant express how depressed I am at the moment since, as many of you know, I love my car far beyond "a lot".
#3
be thankful to be alive.
you have to sue him for it. his insurance would normally cover your costs, but since he had no insurance, you have to sue him personally. or, in this case - his legal guardians or parents.
that again would be covered by your insurance, if you had rental car coverage on your policy. if you don't, you'll have to sue him for it.
eleborate? i don't understand this one.
he's going to f.cked for a good while. he won't go to jail, i don't think, unless they decide to procecute for attempted vehicular homicide or something like that. i hope he will never be able to get a driving license. but, knowing the law system in this country, that won't happen...
Originally Posted by G35_coupe_6MT
1) How can I make this guy pay for the 500$ deductible (If he had insurance, I wouldnt have to pay anything)?
2) How/When should I tell insurance company that they have to include cost of a car rental on the check?
3) Can I claim diminished value even though MY insurance has to pay for something I wasnt at fault for?
4) What will happen to that guy? I dont find it fair that he doesnt have to pay anything since he has no insurance.
#4
1) Take him and his parents to small claims court. Low fees + the police report should help you recover most of the $500.
2) Most insurance policies include a rental car allowance. You should be reimbursed from that provision, assuming you bought rental car coverage.
3) Your insurance company wont reimburse for dimished value. You might try another small claims court claim against the youth and his parents for this amount. You will have a much harder time establishing this claim and you will be limited by the maximum amount that small claims courts allow you to sue for.
4) What happens to him is not your problem. Leave it up to the courts and his parents.
I don't recommend a lawyer unless you can find someone that will work for almost no fee. A lawyer will cost a minimum of $2,500 which will probably outweight the benefits from your suit. You're much better off pursuing this through small claims court.
Sorry about your bad luck. At least you're okay.
Cale
2) Most insurance policies include a rental car allowance. You should be reimbursed from that provision, assuming you bought rental car coverage.
3) Your insurance company wont reimburse for dimished value. You might try another small claims court claim against the youth and his parents for this amount. You will have a much harder time establishing this claim and you will be limited by the maximum amount that small claims courts allow you to sue for.
4) What happens to him is not your problem. Leave it up to the courts and his parents.
I don't recommend a lawyer unless you can find someone that will work for almost no fee. A lawyer will cost a minimum of $2,500 which will probably outweight the benefits from your suit. You're much better off pursuing this through small claims court.
Sorry about your bad luck. At least you're okay.
Cale
#5
The only way for you to get $ from the other driver is to sue him, win, then try to collect. Your state law will determine if the parents have any liability for the acts of their 16 year old. If they do, sue them.
Get out your policy and read it. It will dictate what is covered by the Uninsured Motorist Coverage (if the other driver was insured, your insurer would probably pay your deductible and go after the other guy's insurance). Your policy will also indicate what type of rental car coverage you may have (requirements differ state to state). You will have to file a claim with them for any out of pocket expenses that are covered by your policy, including a rental car. Diminished value is a negotiated item, unless it is specifically included or excluded under your policy.
Get out your policy and read it. It will dictate what is covered by the Uninsured Motorist Coverage (if the other driver was insured, your insurer would probably pay your deductible and go after the other guy's insurance). Your policy will also indicate what type of rental car coverage you may have (requirements differ state to state). You will have to file a claim with them for any out of pocket expenses that are covered by your policy, including a rental car. Diminished value is a negotiated item, unless it is specifically included or excluded under your policy.
#7
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#8
Try talking to his parents, maybe they are normal people.
Send a letter to his home saying you'd like to try to resolve it without any kind of Legal action on your behalf. First off you would like for them to pay for the damages out of their own pocket. If not, then at least pay for the deductible!
Send a letter to his home saying you'd like to try to resolve it without any kind of Legal action on your behalf. First off you would like for them to pay for the damages out of their own pocket. If not, then at least pay for the deductible!
#9
Wow . . . Tough break for you. However, as mentioned, the parents might be financially liable for the actions of their minor child. That would be well worth your time discovering.
Damn, it's all about time and effort, now. Wasted time on your part. The good thing is that you didn't get hurt.
Good luck to you. Let us know how this situation ends. I trust you will prevail and your G is fixed to your satisfaction.
Damn, it's all about time and effort, now. Wasted time on your part. The good thing is that you didn't get hurt.
Good luck to you. Let us know how this situation ends. I trust you will prevail and your G is fixed to your satisfaction.
#10
#12
#13
First of all, let me thank you guys for being so kind and helpful. 8 posts in less than 5 minutes.
Apparently, I will be paying for the deductible myself as going to the ghetto and looking for the parents (if he lives with them) of this boy and threaten them, is not something I want to do. Going to court (something I have never done and dont think is "fun" to do) to get around 400$ sounds as too much husle.
Finiti - out of all here in the forum, I think you are the one that most know how I feel for my car. I am 22 years old, and yes, I cried.
Here are some pics of the damage.
Now this is what I am affraid of... This guy hit me directly on my front rim. I am not sure as to what he messed up, but my wheel is missaligned. Its pushed in and it rubs with the metal where the splashguard is supposed to be.
It's hard to see in this picture, but there is a V shaped metal (two tips of the V piont to the engine, and the bottom point on the V is somehow attached to the rim/shock absorber) which on the uncrashed rim is horizontal. When I looked at this part in the crashed area, the two tips pointing to the engine are missaligned.
I am affraid that they wont be able to fix my car as if this had never happend. I am affraid that at highway speeds, I will feel a vibration or sounds from that wheel. Do you guys think that this can be fixed 100% or I my worries might become true?
Apparently, I will be paying for the deductible myself as going to the ghetto and looking for the parents (if he lives with them) of this boy and threaten them, is not something I want to do. Going to court (something I have never done and dont think is "fun" to do) to get around 400$ sounds as too much husle.
Finiti - out of all here in the forum, I think you are the one that most know how I feel for my car. I am 22 years old, and yes, I cried.
Here are some pics of the damage.
Now this is what I am affraid of... This guy hit me directly on my front rim. I am not sure as to what he messed up, but my wheel is missaligned. Its pushed in and it rubs with the metal where the splashguard is supposed to be.
It's hard to see in this picture, but there is a V shaped metal (two tips of the V piont to the engine, and the bottom point on the V is somehow attached to the rim/shock absorber) which on the uncrashed rim is horizontal. When I looked at this part in the crashed area, the two tips pointing to the engine are missaligned.
I am affraid that they wont be able to fix my car as if this had never happend. I am affraid that at highway speeds, I will feel a vibration or sounds from that wheel. Do you guys think that this can be fixed 100% or I my worries might become true?
#14
#15
First off all, PLEASE Have NO remorse for any kid that is willing to do such a thing in the first place, and then be as irresponsible as to crash it, and furthermore run away after doing so..! If he doesent learn from this lesson, there is no telling what he will think he can get away later on in his life.
Talk to his parents and absolutely demand that they pay entirely for the damage, whether it be the $500 deductable with insurance, or straight to the body shop. If they refuse, tell them you will see them in court. Done deal.
BTW: Whats up with those corners?
And the damage looks bad, but not all that bad.. I wouldn't really worry about diminised value all that much, and if you did have to settle this dispute in court, I don't think it would be very easy to get diminished value money out of that, since its really not justified.
Talk to his parents and absolutely demand that they pay entirely for the damage, whether it be the $500 deductable with insurance, or straight to the body shop. If they refuse, tell them you will see them in court. Done deal.
BTW: Whats up with those corners?
And the damage looks bad, but not all that bad.. I wouldn't really worry about diminised value all that much, and if you did have to settle this dispute in court, I don't think it would be very easy to get diminished value money out of that, since its really not justified.
Last edited by heeb; 09-27-2005 at 11:15 PM.