Another uninsured motorist story...updated

[Nairb]

Triple checking my policy right now.

Very unfortunate.. even if you don't get what you deserve from the insurance company I'm sure you could part it and make back a good chunk of cash or swap parts to another e30.

Sucks man. Sorry.

[nebulous123]

You are not screwed out of the money. This is one of the few great things about the CA legal system....you can sue pretty much anyone for anything. The rest I am about to say is dependent if you want to spend the time and front the legal fees to get what you deserve.

1. Just because the guy who hit you didn't have insurance and doesn't have any major assets DOES NOT mean he gets away scott free.
2. He still CAUSED the accident and is therefore liable for the damages.
3. Taking him to court to financially make you whole is the next step.
4. Assuming he IS NOT an illegal immigrant, he must have a job, therefore has an income.
5. Once you go through the whole court proceedings and the judge makes a ruling, he legally has to repay you for the damages.
6. If he has no assets to sell, like you said, then they can legally put a lein on his pay check that he receives each week or month. Taking a percentage out of the total to pay you back.
7. Now back to legal fees...If you get a lawyer, that cost money. In CA you can also tack that on to the total bill. Since the guy that hit you may not be able to afford that upfront, you may have to pay out of pocket and wait to collect from the lein.

But in the end you will be whole, but it might take time. I also think, if you have any doctor related expenses, that can be added in. Again the waiting game.

Moral of the story, if you live in an area with a lot of uninsured motorists....its a good idea to carry the coverage...its cheap too, like $28 for 6 months.
Also other moral is, if you caused an accident, you are liable plain and simple. Let the law work for you, thats why its in place.

I hope everything works out and the pain isn't anything serious.

Best,

Derek

[freeride53]

Dude - totally feel your pain.
I was rear-ended in May, got a concussion, severe whiplash, etc.. ruined my summer.
Don't let the insurance toss you around. I'm going to seek small claims in the coming months..you should do the same ;)