Another uninsured motorist story...updated

[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 ;)

[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

[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.

[lennon]

My mother loves to cheap out on shit and apparently my car isn't covered under uninsured property damage. Apparently she wanted to save some money and got me some half ass policy (that's still $3,200/yr) and the adjuster said my car isn't covered.

it sucks to see someone's nice e30 get totaled, especially by someone with no insurance.

but i gotta say it... you cant bitch about your mom or policy if she's taking care of your insurance for you. if you had your own insurance, you would be able to choose the coverage. if that 7k was your own money, im sure lesson learned for next car. if it was all mom's money, who cares, right?

be glad youre okay though. the car is replaceable.

[mpowers_04]

I'm sorry to tell you this, but yes, you are fucked with no uninsured motorists coverage. Man at $3200/year, what's another $50/year? Your insurance is not wasting their time on the driver who hit you. Ask me how I fucking know!!!

[White325is]

^^ Pretty much. :/ damn..

[LivingLegend06]

Wow, so the story unfolds.

My mother loves to cheap out on shit and apparently my car isn't covered under uninsured property damage. Apparently she wanted to save some money and got me some half ass policy (that's still $3,200/yr) and the adjuster said my car isn't covered.

The other drivers insurance expired last month, so there's no going after them. The guy doesn't have any major assets, rents his home, leases a Honda accord, etc.

What are my options here? Allied insurance said they are going to "try" and go after him, but it doesn't sound promising or like they even give a fuck.

Am I seriously fucked out of 7k?

In a word, yes.

suing him is the only way to recover some of your losses but if he is a deadbeat then its going to be tough to get a penny out of him.

[Rsully70sev]

Wow, so the story unfolds.

My mother loves to cheap out on shit and apparently my car isn't covered under uninsured property damage. Apparently she wanted to save some money and got me some half ass policy (that's still $3,200/yr) and the adjuster said my car isn't covered.

The other drivers insurance expired last month, so there's no going after them. The guy doesn't have any major assets, rents his home, leases a Honda accord, etc.

What are my options here? Allied insurance said they are going to "try" and go after him, but it doesn't sound promising or like they even give a fuck.

Am I seriously fucked out of 7k?

[kalib0y]

wow, what a nice car. Bummer to see another nice one bite the dust. Build better and stronger!

[gwb72tii]

you're going to have to document why the car is worth what you paid for it
i just went thru this with a modified '73 2002 alpina
the insurance company doesn't know what they insured. you have to show them.
look for completed sales on ebay, the R3V etc that are similar to you car.
i wouldn't get nasty yet, after all you want them to pay you.

[Streichholzschächtelchen]

That is the filthiest accident I've seen in a minute.

[Pantless Spency]

sully, get enough to get this car!!!

http://sfbay.craigslist.org/nby/cto/2631441821.html

[bmwmech1]

and no matter what. dont let them take the car and put it in one of there storage areas. You have the right to keep the car where you want to keep it.
Like Garey said. Dont settle unless your happy with what your getting. If they want to fuck your around. Just mention your getting a lawyer.

Yup... and that you've been to the doctor for you neck and back pain and then watch their sphincter pucker!

Garey

[White325is]

and no matter what. dont let them take the car and put it in one of there storage areas. You have the right to keep the car where you want to keep it.
Like Garey said. Dont settle unless your happy with what your getting. If they want to fuck your around. Just mention your getting a lawyer.

[bmwmech1]

Sorry about the car, what a shame... Just remember that it's YOUR vehicle! The insurance company will try to make you feel like you need to sign over the title for whatever they want to pay you, but this is not the case. They have no legal right to your vehicle, until/if you say so. You pay them to provide you with a service and until you are satisfied, don't concede! They work for you, especially if you have uninsured coverage. Don't let them rest until you get what you feel is right. Obviously, you have to have some documentation to prove your car is worth what you say it is, but good adjusters will have a lot available to them, as well. Just hold your own... and hopefully you neck/back are okay!

Garey