Hit by uninsured-what charges allowed?

[NeedAdvice2]

What is the name of your state? We live in Idaho.
My daughter was hit by an uninsured driver who failed to yield. Luckily she was not injured. He was ticketed for not yielding and no insurance. We only carried liability on the car and so our insurance company will do nothing for us. We wrote the responsible party asking for damage costs plus what we felt was fair to cover car rental while repairs are being done. Plus in getting our estimates we were told that the car may have further internal damage that would only be found with the car torn apart. How can we get a fair repair estimate with that in mind? The responsible party wrote back saying he wants to see our estimates and can only make payments to us. We can not afford to repair the car without his payment.
Should we be allowed any compensation beyond the highest bid on the vehicle? What is fair here? He has caused us so much inconvienence and seems to be in control! How is this fair when it was his error that put us here?
We know we can take him to small claims court but were hoping to avoid it being just another major inconvienence and expense in our lives. Please advice us.

 

[JETX]

You are having to face a very common problem.

1) You want to get compensated for the damages caused by someone else, but can't determine the total value of those damages.
2) The party that caused the damages wants to 'make payments'.

My suggestion - Draw up a written agreement for the other party to sign. Include a statement of liability (admitting fault) and that he/she will be personally responsible for the actual damages and expenses incurred. If they are concerned about not having a specific amount, then you could consider adding a 'not to exceed' amount (but I wouldn't).

If he/she refuses to sign this document, you might as well head to the courthouse, since any 'promise' of payments will not be met. You might also point out to this person that if you get a judgment, most states provide the ability to get that drivers license suspended until the judgment is paid.

Simply, be very careful and try to minimize the chances of your becoming a further victim.