Hit-and-run by teenaged unlicensed driver

[forhan]

What is the name of your state? California

I am new to this site and have met with an accident for the first time in life, with no fault of mine. I was driving normally and a 14 year boy driving without license hit me at he junction after crossing a red light at an intersection. He ran after hitting me (hit-and-run). My new car was severly damaged. Luckily police caught the boy and got the insurance details from the boys parents. After following up with the boys-parents-insurance (other party's) company, they are telling that
a. they have not yet ascertained who is at fault,
b. it can take days to months for them
blah blah and told me that i can contact my insurance company for claim. I have now opened a claim case with my insurance company.

is this a case of uninsured motorist hitting me? can his insurance company deny to bear damage cost to my car telling them that the person driving did not had the insurance in his name (BTW the father's name is in insurance)?

since the fault is not on me, but if my insurance company pays for the damages, and later collect it from the other party's insurance, will it effect my future premium?

Can i call the other person's father and tell him to tell his insurance company that it is his son's fault? or the police report will be helpful for me if they try to deny that they are at fault?

Any light on the above would be deeply appreciated.

Thanks a lot !!

[wrenjosh]

When i was 14 my parent's insurance papers all said that I was excluded. So he may be excluded from their coverage and you might have to sue his parent's pants off...

[stephenk]

odds are in favor that the other insurance company will deny coverage. Then you can proceed with an uninsured motorist claim if you were injured.

[forhan]

I am not having any injury.

If the boy is not covered by the boy's parent's insurance (which is most likely the case as he is just 15 years old unlicensed driver )
company and his insurance company deny me any money, then, WILL I have to utilize my own insurance company for the damages/buying-a-new-car-if-it-is-totalled?
or I can demand from the parents after sue-ing? Bottom line is I dont want to use my insurance since its not my fault..and
is the order for getting money for the repair/new car as below:
1. his insurance company...if his insurance company denies then
2. ask his parents..(do i need to ask the parents directly or via a lawyer/attorney???) or if they deny
3. sue his parents

any inputs would be greatly appreciated..

[teflon_jones]

The other driver had no insurance coverage since he was an unlicensed minor. The parents' insurance company will most definitely deny coverage for this, so don't even bother with them!

Whether the parents are responsible or not is up to a judge to decide. If the kid acted with willful misconduct, which could be considered here, then the parents could be held responsible. You can sue the boy and name his parents by putting the plaintiff as "John Smith, a minor by and through Jason Smith, guardian ad litem" and also separately sue his parent "Jason Smith".

There's no need to go through a lawyer or sue them first. You can simply mail them a letter letting them know the amount of your damages, the fact that you know they can be held responsible for this, and that you'd like to settle this as quickly and easily as possible. State that you're simply trying to get your car repaired, nothing more. You can include that you intend to pursue it through court if you have to, but you'd prefer not to. Being polite and straight-forward may avoid court. Threatening and angry letters don't tend to get great responses.

[stephenk]

Make the claim with your own insurance company. Why have insurance if you aren't going to use it?

If you were not at fault for the accident, your rates will not increase. your carrier will repair your car and then go after the other party to be reimbursed.

[forhan]

thanks for the replies...teflon_jones,stephenk !!

My own insurance's adjuster came and saw my car. Mostly(he was not 100% sure and has told that they will get back) he is telling that the car would be totalled and if that is the case, they will pay a fair current value of the car.

What is the current value? Mine is new car bought in feb this year and just has around 4000 miles. Has anybody come across such situation? i guess they will want to give an amount based on some depreciation, etc . What about the rest of the amount (viz sales tax etc if i buy a new same make-model of the car) ?

[sally100]

How do I post a question? Can't figure it out for looking and looking

[forhan]

U need to become a register and become a member after that u should be able to see the "Post a new message" on the top left of Auto Accidents and Vehicle Claims section or any other section on which u plan to post

[sally100]

Thanks. I registered and did all that. On the site with the different categories there is nothing - top left or elsewhere - that says post a new message. That's what I'm looking for. Can't understand why it's not there. I've written to them, maybe they can tell me, although by now I'm bored and want to log out. Thanks again.

[forhan]

The adjuster for my car came and has hinted on the probabilty of totalling my car. If anybody can hint on how to handle this ?? (minimizing my loss) i would be greatfull. What is a good site to see the FMV(Fair Market Value) of the car especially if its 2005 model??

I want to know this, as if my car will be totalled I dont want to loose anything (except for the Sales Tax and other taxes which i will have to pay for buying a new car.