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Hit by an uninsured motorist who was at fault

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N

nylrad

Guest
I was involved in an accident in which my car was totaled and I wasn't hurt bad, but got whiplash and a bunch of bruises. The passengers in my car (my mother and step father) were lucky; just bruised up a bit. He (the driver of the truck that I collided with) hesitated at a stop sign but didn't stop and pulled out in front of me. As soon as I saw him I hit the brakes, but there wasn't enough time to stop. The left front/front of my car hit the left front of his extended cab truck. I had just come around a corner, but I was going well under the speed limit. The spot is a bad spot; off to the side of the road where we hit there is a wreath posted for someone who died at that spot in the past. The other driver's father was a passenger (79 years old and has emphysema) and was taken to the hospital where he learned he has 3 cracked ribs. The driver's father has spent 3 weeks in the hospital, but mostly to make sure he wasn't going to get pneumonia. Today it has been three weeks since the accident and just yesterday I was told by his insurance company that his policy had lapsed for non-payment. I had been getting the run around; they wouldn't say for sure whether he was insured or not. Yesterday was out traffic court date. Yesterday morning the other driver called me at work and told me he had asked for a continuance, so it wasn't necessary for me to go to traffic court. He told me that he did have insurance, that his wife had carried the payment to his local agent but his agent had not gotten it in to the company on time. However the insurance company told me he has been lapsed for months. I did go to traffic court anyway, but the other driver did not. When I got there I learned that he had asked for a jury trial (I guess in order to get a continuance). He was charged with failure to yield right of way and was issued a ticket. He had the truck insured in his company name (he has I think 3 small companys; the one his truck was listed under is a new company that hasn't even opened up a store yet). So now I have to file through my company for an accident with an unisured motorist. Can my insurance go up because of this? What about my deductible, is there any way I can get that back? Also, the rental car (I got is a compact; my insurance only provides the minimum - which is a sub-compact) so I'm being charged $8 per day extra for having that car (but my car that is now wrecked was a mid-size). We (the 3 of us in my car during the accident) didn't go to the hospital, but went to a walk-in Doctor's Care to be checked out and a few days later I went to my internist. I've been going to a chiropractor for treatment of my neck, and I don't know how much longer I will have to go for that. How do I make sure I don't get screwed? My insurance company has already told me a price for my car; which is on the low-mid range of the NADA price, but my car had extra low mileage, I had just put new tires on it in May, just put in a new battery in October, and just put in a new stereo system. How can I get back what this car is worth to me? Also, I had used my car as collateral for a loan for a motorcycle my husband bought. That loan is not paid off, but I'll have to pay it off with whatever I get from the insurance company. What they have told me the amount is, less my deductible will just cover the remainder of the collateral loan I have on it. Also, anything I buy to replace my car will have to be financed, and that is going to be at an interest rate of at least 1% to 2% higher than what I was paying on the collateral loan. Do I have any recourse there? If I had been at all at fault I wouldn't be so picky, but I've already spent a whole lot of time messing with this - hours and hours; have had to take time off of work (I didn't lose income, but I used sick leave and annual leave) and I want to know what I can do to protect myself. Sorry this is so long, but it's hard to explain without some of the details. Also, the man I was in the accident with told me on the phone yesterday that "his insurance company" had not yet sent an adjuster to look at his truck. This leads me to believe that he really doesn't have valid insurance (like his insurance company finally told me yesterday). And what about all the anxiety about now knowing what's going on? And how do I recoup something for my mother and her husband for pain and suffering? I do have a lawyer, but he is only for medical, so I guess he can help me with that. Please give me some advise as to how I can best come out of this. I'm not looking to make a bunch of money off of this unfortunate event, but I've been though a lot and I've lost a car that I liked a whole lot and I'm still receiving therapy for my neck and lower back. Help! Any good advice will be appreciated! Thanks!
 



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