|
| |
 | 
01-31-2008, 04:44 PM
| | Junior Member | | Join Date: Jan 2008
Posts: 5
| | | Hit by someone with no Insurance
What is the name of your state? CA
I was recently in an accident in SoCal, the other driver is listed on the Police Report as the person 100% at fault, AND has no Auto Insurance. AAA declared my vehicle as a total loss.
Question 1 - Fair Market Value
According to my AAA rep. they use a 3rd party to appraise total loss vehicles. They determine "Fair Market Value" by looking in the free local Auto Recycler, AutoTrader.com, and Trade Express.com as a guide to a dollar figure. Will not use Kelly Blue Book, NADA, or Edmonds.com. Are there any laws that govern how a "Fair Market Value" is determined? Or am I at the mercy of this 3rd party finding the cheapest "comparable" cars from private sellers and be forced to take that dollar amount?" I own the '05 car.
Question 2 - Medical issues:
I am now starting to feel severe pain , worse than immediately after the accident, in my neck and back. I am going back to Chiropractor tom. I don't want to be a jerk and go sue crazy, but am VERY concerned about long term issues. Plus I enjoy an "extreme" life. Meaning the day I can't skydive anymore is the day I die..
Age of involved: 33 |
01-31-2008, 05:18 PM
| | Senior Member | | Join Date: Aug 2005 Location: St. Odo of Cluny Parish
Posts: 29,043
| | | Question #1: You are pretty much at their mercy.
Question #2: Contained no question.
__________________
There are two rules for success:
(1) Never tell everything you know.
|
01-31-2008, 05:23 PM
| | Junior Member | | Join Date: Jan 2008
Posts: 5
| | | question 2
Sorry - looking for advice on my options for litigation.... Do I have a case to take the other party to court, and anyone with experience on outcomes |
01-31-2008, 05:34 PM
| | Senior Member | | Join Date: Feb 2006 Location: Philadelphia, PA
Posts: 17,758
| | | Take the other party to court and collect from what? People with no insurance don't typically have tons of money lying around. |
01-31-2008, 05:36 PM
| | Senior Member | | Join Date: Aug 2005 Location: St. Odo of Cluny Parish
Posts: 29,043
| | Quote:
Originally Posted by ecmst12  Take the other party to court and collect from what? People with no insurance don't typically have tons of money lying around. | And, more importantly, you did not indicate that you had any serious and permanent physical injuries.
No damages, no case.
__________________
There are two rules for success:
(1) Never tell everything you know.
|
01-31-2008, 05:45 PM
| | Senior Member | | Join Date: Feb 2006 Location: Philadelphia, PA
Posts: 17,758
| | | Oh I wasn't even addressing that. He may be injured, and he may be entitled to compensation for pain and suffering as well as medical bills, but can't get blood from a stone. |
01-31-2008, 05:48 PM
| | Senior Member | | Join Date: Aug 2005 Location: St. Odo of Cluny Parish
Posts: 29,043
| | Quote:
Originally Posted by ecmst12 Oh I wasn't even addressing that. He may be injured, and he may be entitled to compensation for pain and suffering as well as medical bills, but can't get blood from a stone. | Amen and amen.
But he should check on whether an unpaid judgment involving a car wreck might cause the driver's license of the bad guy to be jerked.
Of course the bad guy probably doesn't even have a driver's license so probably doesn't care.
__________________
There are two rules for success:
(1) Never tell everything you know.
|
01-31-2008, 05:51 PM
| | Junior Member | | Join Date: Jan 2008
Posts: 5
| | | Question 2
Usually no insurance no money. He hit me with a Land Rover. Also my agent stated he is listed as owner of a house that lists online for 892K. I would only assume that if you can afford a 892K mortgage you "should" be able to afford auto insurance.
I have been to, and treated already, by a chiropractor. X-Rays indicated a strain, but slight, on my spine after the accident. I have also read statements from other medical professionals that state what I am feeling "could" be signs of whiplash. I also personally spoke with a licensed chiropractor (not the original chiropractor), he highly recommended I go back for more treatment.
Look I don't want to screw up anybodies life... LEAST of all mine.
Thank you for the advice |
01-31-2008, 05:55 PM
| | Senior Member | | Join Date: Jan 2005
Posts: 21,653
| | | When in an accident causing over $750 to any one party, or any injury or death, one is required to report the accident to the DMV. When the DMV finds there is no insurance, the license suspension will be automatic.
__________________ *
*
The information I gave is based on my 7 seconds of research on Google. Review the information yourself to make an informed decision.
Communication is KEY - 10 mins of talking now can save you months of headaches later!
Masterfully stating the obvious to the oblivious! (Thanks SP!)
Tell it like it is! When all else fails, make up a statistic! 
Gender references shall apply equally to the other gender. I will not correct gender mistakes (unless I want to) |
01-31-2008, 05:56 PM
| | Senior Member | | Join Date: Jan 2005
Posts: 21,653
| | Quote:
Originally Posted by skygremlin Usually no insurance no money. He hit me with a Land Rover. Also my agent stated he is listed as owner of a house that lists online for 892K. I would only assume that if you can afford a 892K mortgage you "should" be able to afford auto insurance.
I have been to, and treated already, by a chiropractor. X-Rays indicated a strain, but slight, on my spine after the accident. I have also read statements from other medical professionals that state what I am feeling "could" be signs of whiplash. I also personally spoke with a licensed chiropractor (not the original chiropractor), he highly recommended I go back for more treatment.
Look I don't want to screw up anybodies life... LEAST of all mine.
Thank you for the advice | Are you SURE this driver doesn't have a bond on file with the DMV?
__________________ *
*
The information I gave is based on my 7 seconds of research on Google. Review the information yourself to make an informed decision.
Communication is KEY - 10 mins of talking now can save you months of headaches later!
Masterfully stating the obvious to the oblivious! (Thanks SP!)
Tell it like it is! When all else fails, make up a statistic!
Gender references shall apply equally to the other gender. I will not correct gender mistakes (unless I want to) |
01-31-2008, 05:58 PM
| | Junior Member | | Join Date: Jan 2008
Posts: 5
| | | Both his vehicle and mine were put on flat beds and towed away. My Ins. needed roughly $10, 000 in repairs to call it a total loss... Which they did... I can only image the dollar amount of his Land Rover.. |
01-31-2008, 06:02 PM
| | Junior Member | | Join Date: Jan 2008
Posts: 5
| | | Good point - My Ins agent did mention that they can cite you (which he did receive a ticket) if you can't "prove" you have Insurance at the time of the accident. So there is a chance that he has insurance, just didn't have the paperwork.. |
01-31-2008, 07:38 PM
| | Senior Member | | Join Date: Jun 2004
Posts: 7,574
| | | Why haven't you filed a claim under your own under/uninsured coverage? (It beats suing a guy whose only asset is a house with probably little to no equity in it).
__________________ Quote: |
Originally Posted by me Then start crying uncontrollably. If that doesn't work, fill your pants with shaving cream and start screaming about the voices in your head. Maybe they'll feel bad enough about your other problems and let you out of the ticket. | | |
Currently Active Users Viewing This Thread: 1 (0 members and 1 guests) | | | | Thread Tools | | | | Display Modes | Rate This Thread |  Linear Mode | | 
Posting Rules
| You may not post new threads You may not post replies You may not post attachments You may not edit your posts
HTML code is Off | | | |
