Car got hit parked in front of my house, what are my options?
12-02-2008, 07:36 PM
#1
Car got hit parked in front of my house, what are my options?
It's a bit long, but any useful input will be appreciated. 
My Maxima got hit while parked in front of my house (and of course I don't have collision coverage on it since it's my older car
). Some idiot kid in a Grand Am managed to hit my car, spin around, and crash into my neighbors car (and totaled it) on a straight, wide open 3 lane road at midnight.
He claims that there were "two Honda's racing" and "cut him off", then he lost control. It was raining, I'll give him that, but there's no way he would've lost control like that without speeding or even racing.
I received the police report today, only realize that he lied about getting hit by another car on the driver's side, causing his car to swerve to the right and hit my car then spin out. Also, somehow they put down TWO occupants in his car while it was only him. His friend was there but was in a Civic. I'm guessing trying to hide that fact he was racing or something.
His insurance information was limited, only broker info was listed, luckily my insurance helped me find out his info. His ins comp hasn't verified his vehicle info yet, I'm still hoping he actually has insurance. (btw, owner and driver of the vehicle has different last names but same address). A DMV lookup reveals that both the owner and the driver has had numerous summons, violations, and suspension of license. His plate doesn't even come up as valid. The police did not give him any tickets, apparently they probably didn't run his registration.
I know that this doesn't look very promising, but if you guys have any suggestions, experiences to share, pls share
My Maxima got hit while parked in front of my house (and of course I don't have collision coverage on it since it's my older car
). Some idiot kid in a Grand Am managed to hit my car, spin around, and crash into my neighbors car (and totaled it) on a straight, wide open 3 lane road at midnight.He claims that there were "two Honda's racing" and "cut him off", then he lost control. It was raining, I'll give him that, but there's no way he would've lost control like that without speeding or even racing.
I received the police report today, only realize that he lied about getting hit by another car on the driver's side, causing his car to swerve to the right and hit my car then spin out. Also, somehow they put down TWO occupants in his car while it was only him. His friend was there but was in a Civic. I'm guessing trying to hide that fact he was racing or something.
His insurance information was limited, only broker info was listed, luckily my insurance helped me find out his info. His ins comp hasn't verified his vehicle info yet, I'm still hoping he actually has insurance. (btw, owner and driver of the vehicle has different last names but same address). A DMV lookup reveals that both the owner and the driver has had numerous summons, violations, and suspension of license. His plate doesn't even come up as valid. The police did not give him any tickets, apparently they probably didn't run his registration.
I know that this doesn't look very promising, but if you guys have any suggestions, experiences to share, pls share
12-03-2008, 09:29 AM
#7
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Do you have an actually police report or is it just an operators report. Generally a police report will only include what the police officer witnessed himself. The operator's report is more of a statement from the parties involved. if it was an actual police report you can call the officer and say that you think there are some mistakes on it. Cops are humans too.. they make mistakes.
I would try and talk to a lawyer already. make sure that you don't get screwed by this kid or the Ins company. even if he doesn't have INS you should be able to sue him.
I would try and talk to a lawyer already. make sure that you don't get screwed by this kid or the Ins company. even if he doesn't have INS you should be able to sue him.
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12-03-2008, 09:52 AM
#8
Since New York is a no-fault insurance state, you need to go through your own insurance company. The other party's insurance company will generally reimburse you up to a certain amount under the mini-tort law.
For instance, this situation would work out like this in a no-fault state -
1. You file a claim with your own insurance company. Since the vehicle was parked, it may be covered under comprehensive (you mentioned you don't have collision coverage).
2. You pay your deductible.
3. File a claim against the wrongdoer's insurance company and upon submitting your paperwork showing the estimate and your deductible amount, they will reimburse you for the actual damages or the maximum allowed amount under the law for your deductible.
4. Pray to God that your insurance premium doesn't go up, even though it was not your fault. Your risk rating just went up a tick or two. Insurance companies can raise your premium, simply because you parked your car in the wrong place at the wrong time.
For instance, this situation would work out like this in a no-fault state -
1. You file a claim with your own insurance company. Since the vehicle was parked, it may be covered under comprehensive (you mentioned you don't have collision coverage).
2. You pay your deductible.
3. File a claim against the wrongdoer's insurance company and upon submitting your paperwork showing the estimate and your deductible amount, they will reimburse you for the actual damages or the maximum allowed amount under the law for your deductible.
4. Pray to God that your insurance premium doesn't go up, even though it was not your fault. Your risk rating just went up a tick or two. Insurance companies can raise your premium, simply because you parked your car in the wrong place at the wrong time.
12-03-2008, 09:57 AM
#9
I forgot to add that if your insurance policy does not cover this, then you will have to submit an estimate for repair to the other guy's insurance company. Then they will reimburse you up to the maximum amount allowed by law. For example, it's $500 in Michigan. Anything beyond that would be your own responsibility, a result of your decision to not have the vehicle covered by insurance.
12-04-2008, 04:10 PM
#10
Thanks for the input guys.. Sounds like there's really not much that I can do except hope that the guy's insurance will pay for it. The bodyshop told me that the (other guy's) insurance company have scheduled for the adjuster to go look at the car, but haven't said if they will be assuming liability.
Some of you mentioned legal representation, does anyone know what's the cost of it? I was always under the impression that it costs more to get a lawyer than the settlement.
I know, probably should've have collision coverage, but the car is only worth $4-5k, so I'm not sure it makes sense to pay $1k a year just for insurance (damn NYC rates).
Some of you mentioned legal representation, does anyone know what's the cost of it? I was always under the impression that it costs more to get a lawyer than the settlement.
I know, probably should've have collision coverage, but the car is only worth $4-5k, so I'm not sure it makes sense to pay $1k a year just for insurance (damn NYC rates).
12-04-2008, 05:42 PM
#11
^as previously said, NY is a no-fault state, what that means is that on top of you having to go back to your insurance company first (even though you have no collision coverage), no fault also institutes PIP (personal injury protection).
And as its name implies, in order to enact that endorsement/coverage on your policy, you must have been injured as a result of the accident. With that said, since you were nowhere near your car, I doubt any attorney will want to represent you in this case. There is no gain to be had for them. As mentioned, the offender's ins co will only reimburse you for what the state allows you to be reimbursed at.
No-fault laws were enacted to protect the insurance companies from paying out millions of dollars in frivolous lawsuits. They were enacted to ease the burden on the legal system. They were NOT enacted to protect you as the consumer. It sucks balls.
And as its name implies, in order to enact that endorsement/coverage on your policy, you must have been injured as a result of the accident. With that said, since you were nowhere near your car, I doubt any attorney will want to represent you in this case. There is no gain to be had for them. As mentioned, the offender's ins co will only reimburse you for what the state allows you to be reimbursed at.
No-fault laws were enacted to protect the insurance companies from paying out millions of dollars in frivolous lawsuits. They were enacted to ease the burden on the legal system. They were NOT enacted to protect you as the consumer. It sucks balls.
12-04-2008, 05:46 PM
#12
Safety Car
what he said.
premium could increase from an accident like this. "the area / neighborhood where you park is more conducive of reckless drivers. your car stands a greater risk of being damaged when parked in this location. etc. etc." sounds like BS but im sure it could be proven by risk analysis studies.
NYC insurance is insane. seeing all the slosh boxes on the streets makes you wonder, wow, some people are paying more per year on car insurance than the actual cars worth! or even more per year on parking tickets. however, this could explain why some ppl have cars this cheap to begin with.
premium could increase from an accident like this. "the area / neighborhood where you park is more conducive of reckless drivers. your car stands a greater risk of being damaged when parked in this location. etc. etc." sounds like BS but im sure it could be proven by risk analysis studies.
NYC insurance is insane. seeing all the slosh boxes on the streets makes you wonder, wow, some people are paying more per year on car insurance than the actual cars worth! or even more per year on parking tickets. however, this could explain why some ppl have cars this cheap to begin with.
Last edited by ThermonMermon; 12-04-2008 at 05:49 PM.
12-05-2008, 10:04 PM
#14
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On my street (I live in upstate NY) I had my first car totaled by a drunk driver, my neighbor's car was hit by a drunk driver, my cousin's truck was hit but hardly damaged by a drunk driver, and my brother's car was totaled by a drunk driver. This was over the course of 3-4 years. My car and the neighbor's car occurred within weeks of each other. My premiums never went up. Also when my car was totaled I received a check for $1400. Not bad since I paid $1100 for the car.
12-17-2008, 10:29 PM
#15
So, I've been dealing with the insurance company for the past few weeks. Last week they had an adjuster come look at the car and declared it a total loss, according to the body shop. I called the insurance the next day, the lady told me the same thing, told me the payout, salvage amounts, as well as the process to get reimbursed for the tow and storage fees. I was happy... for a while
The next day I go to the body shop, paid about $500 in fees, and removed the car so that I don't accumulate further storage charges. I then call the insurance company about reimbursement, and she tells me that no liability have been determined yet, and that I 'misunderstood' (I SPECIFICALLY asked int he previous phone call if I can safely assume that they are assuming liability, they even told me papaerwork will be on the way). So they want me to fill out more crap forms so that they can investigate. Fine.
Another week and a half pass by, all forms were returned, and I call them. They said they are 'still waiting' for their insured's statement. I mean WTF are they WAITING for, shouldn't they be demanding a statement from him, if they're investigating? They told me they have up to 30 days, and if they need more time they will extend and send me a letter with the reason.
I'm just really pissed at this point. Any advice on what I can do? How can I get them to get off their ass and actually do something? Also, it sounds like they're trying to use the other guy's lie (that he was hit by another car) to try to deny my claim. Obviously there are no damages on the driver's side of his car (which he claims got hit). Mind you, this is a very crappy insurance company, so I'm afraid that they'll actually take his side of the story so that they don't have to pay.
I'm not sure legal representation is an option since it was ONLY property damage, what can I do? It's not even about the money anymore, I'm just really pissed about this whole situation.
The next day I go to the body shop, paid about $500 in fees, and removed the car so that I don't accumulate further storage charges. I then call the insurance company about reimbursement, and she tells me that no liability have been determined yet, and that I 'misunderstood' (I SPECIFICALLY asked int he previous phone call if I can safely assume that they are assuming liability, they even told me papaerwork will be on the way). So they want me to fill out more crap forms so that they can investigate. Fine.
Another week and a half pass by, all forms were returned, and I call them. They said they are 'still waiting' for their insured's statement. I mean WTF are they WAITING for, shouldn't they be demanding a statement from him, if they're investigating? They told me they have up to 30 days, and if they need more time they will extend and send me a letter with the reason.
I'm just really pissed at this point. Any advice on what I can do? How can I get them to get off their ass and actually do something? Also, it sounds like they're trying to use the other guy's lie (that he was hit by another car) to try to deny my claim. Obviously there are no damages on the driver's side of his car (which he claims got hit). Mind you, this is a very crappy insurance company, so I'm afraid that they'll actually take his side of the story so that they don't have to pay.
I'm not sure legal representation is an option since it was ONLY property damage, what can I do? It's not even about the money anymore, I'm just really pissed about this whole situation.
12-18-2008, 01:47 PM
#16
That's insurance for you. Best thing you can do is just hassle them on a daily basis and ask to speak with your adjustor's manager. Hopefully theyll just pay for the damn car.
And I'd recommend switching insurance to one of the larger guys. I always tell people this, you get what you pay for. Those little insurance guys charge less but when you get into an accident, it's a headache dealing with them.
And I'd recommend switching insurance to one of the larger guys. I always tell people this, you get what you pay for. Those little insurance guys charge less but when you get into an accident, it's a headache dealing with them.
12-18-2008, 03:15 PM
#17
That's insurance for you. Best thing you can do is just hassle them on a daily basis and ask to speak with your adjustor's manager. Hopefully theyll just pay for the damn car.
And I'd recommend switching insurance to one of the larger guys. I always tell people this, you get what you pay for. Those little insurance guys charge less but when you get into an accident, it's a headache dealing with them.
And I'd recommend switching insurance to one of the larger guys. I always tell people this, you get what you pay for. Those little insurance guys charge less but when you get into an accident, it's a headache dealing with them.
Well, it's the other guy's insurance company... I'm with a big insurance company.
12-18-2008, 08:14 PM
#18
^why do you people insist on doing your adjustor's job??!! You shouldn't be the one who has to hound them, your insurance company should be doing that.
12-18-2008, 08:18 PM
#19
Again, it's my old car, I don't have collision nor comprehensive coverage on it, ONLY liability. My insurance company won't do anything, they're not responsible for any damages to my car since it only has liability coverage.
If it was that easy, I would just be sitting back waiting to collect the money.
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