Hit by someone with no Insurance

[skygremlin]

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

 

[seniorjudge]

Question #1: You are pretty much at their mercy.

Question #2: Contained no question.

 

[skygremlin]

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

 

[ecmst12]

Take the other party to court and collect from what? People with no insurance don't typically have tons of money lying around.

 

[seniorjudge]

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.

 

[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.

 

[seniorjudge]

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.

 

[skygremlin]

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

 

[Zigner]

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.

 

[Zigner]

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?

 

[skygremlin]

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..

 

[skygremlin]

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..

 

[You Are Guilty]

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).