CA drunk hits uninsured parked cars

What is the name of your state? California. A drunk driver hit fire hydrant, signs, then my parked 4runner in my driveway, which in turn hit my jeep. He was unlicensed, uninsured. Car registered owner was insured with AAA, but for only $5-10 property damage. Drunk arrested, that car totalled (1990 Hyundai). I thought my own AAA policy was enforce, learned it had cancelled Oct. 25, 2002, Friday. I never received cancellation letter, thought I had made that month's payment that was due Oct. 1st. Accident on Oct. 27, Sunday. I called AAA Sunday, reported it on my policy. Learned next morning my policy not in force. I reinstated it that day, but AAA sent me letter saying they'll cancel me for good if I don't agree that I'm not covered for those two days. Driver has nothing, it's likely he is illegal. Have heard through grapevein he's leaving for Mexico to avoid responsibility. My toyota is valued at about $15,000. My jeep's got about $500 damage. Other property damage is about $300. At our expense, transported 4runner to garage on flatbed truck, another $150.

My question: My total damages are gonna be nearly $16,000. However, their property damage is only good for $5-10 thousand. Is there any way to get their insurance to cover more then the property damage limit? Should I get a lawyer, or will that expense also be out of my pocket? I'm without a car, but I don't want to rent one at my expense either. The Hyundai's owner has filed a claim for his own vehicle. Is there any way I can get his check for his totalled car, instead of him getting it? Can I file a lien on his car tomorrow for damages? If I could, would AAA have to pay me (the lein holder) off first?

Will I have to take the Hyundai's owner to small claims court? Is there any way of getting money out of him faster/sooner/other methods?

Since my insurance policy was reinstated, even with the same policy number, is there a chance that my insurance could be forced to cover this? I only have 3 more days to contest their letter they sent me.

My 4runner and jeep were parked on private property and not in operation. Do I have to file an accident report with the DMV?

Please help me, I am so lost as to what to do. Thanks!

I thought my own AAA policy was enforce, learned it had cancelled Oct. 25, 2002, Friday. I never received cancellation letter, thought I had made that month's payment that was due Oct. 1st. Accident on Oct. 27,

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GeoRock:

look through this site and see how many other people just seem to forget paying their insurance and lo and behold the NEXT day or Two days later the car is totalled....man it happens a lot around here.

And they had no clue it was cancelled....!!!

PS yes you do, but you wont admit it.

And did you also have the minimum policy limits on an expensive car?

So you will have to sue the driver and owner for the difference you lost but since its was an old car 12 years old no license and Minimum insurance what makes you think they have any money stashed away?

The only hope is to get a judgement against them and maybe someone in their family will die and leave them some property or a house you can attach for the judgement. Or maybe they actually have a job that pays enough to have money taken out each week.

PS......if you actually have the cancelled check, or if you paid it on-line and have a reciept it was deducted, then you are covered by your own insurance company.

I really had no idea my insurance was cancelled. I was so positive it was in force I even reported the accident to my company the same day.

And no, I have the MAXIMUM coverages allowed in every category because I have a social conscience. I want to be able to cover properly any accident I cause.

The driver had no license. The car owner had minimum insurance and I don't know if he has money stashed away or not. The driver has nothing. But why should I roll over and take a huge loss? I wasn't driving, my cars were parked in my driveway. I am not at fault for anything other then stupidly missing an insurance payment. I will go after the car owner for whatever I can get. He knowingly gave his car to a known drunk with no license or insurance to drive.

Your last two graphs are helpful, thank you.

You should also sit down tonight and read your policy, i mean really READ it, it could be hidden somewhere that there is a stated grace period for payments or if you called them and paid by credit card it automatically renrews it.

You said something interesting, they renewed it with the same POLICY number.....

THAT information is what i would talk to a lawyer about, maybe they are just trying to blow you off, so they wont have to pay the claim, It just makes common sense for anyone who wishes to cover their azzz, to cancell your old policy and give you a new one with the new date you paid,and a NEW policy number, so has to have proof one policy expired and another started.

So dont sign anything until you see a lawyer fast!

[tammy8]

I wonder if the insurance company didn't reinstate the policy with a lapse in coverage. This means that the policy is active again however no accidents are covered during the time the policy was cancelled. Depending on the number of days the policy was cancelled, you may also get a credit for the premium you would have paid those days. Reinstatements with lapses happen all the time.