• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

insurance fraud, drunk driving, and lazy police

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

L

LuvNLuck98

Guest
What is the name of your state? California / Texas residents (military)

About a month ago a man who ADMITTED he had been drinking to the police hit our car as well as two others in the middle of the night while they were parked in front of our houses. Between the thee he did over $30,000 worth of damage. Regardless of his own admittance, and regardless of the 7 wittness that had been drinking WITH him, the man was not cited in any way for the accident. Not only that, but he has a history of DUI/DWI and above all else has NO insurance! He presented the police with a card from a policy that had been dropped by his insurance company several months before. Both him and my husband are military. JAG won't help us because this poses a conflict of interest and we can't get a lawyer that will touch it with a ten foot pole. Our SUV was worth over $25,000 when he hit it. We had only had it for four months so we still owe a great deal more than the car was worth. We got it back two nights ago and it is now appraised at $7,000 putting us about $23,000 upside down on it . Thought the body shop did an excellent job, we have already had to take it back once for mechanical damage that they didn't catch. We will not be able to trade it in because we are SOOOOO upside down on the loan now. We are getting ready to make a cross country move (all the way to VA) NEXT WEEK in this car that has just been in a wreck where the damage was 60% of what it was worth. We're not only scared to drive it that far now, but feel very violated (not only by this drunk driver, but by the police department here in this southern california town that has certainly earned it's horrible reputation). This man continues to drive his motorcycle without insurance. There has got to be some way to make him pay for what he has done! I know the insurance companies will go after him, but that will not put me, my husband, and our infant daughter in a safer car. Nor will it get this man off the streets of the community where our friends and their children will continue to live (he lives just a few houses away). We just feel so alone no matter who we turn to. Is there anyone that can help???
 


lwpat

Senior Member
Unfortunately the insurance is only responsible for repairing your car. They are not responsible for you owing more than it was worth. If the auto has been severly devalued by the accident then you may have a case. I assume that your insurance company paid for the repairs so I do not see why an attorney or JAG would not help you file against your insurance company.

It is up to your carrier to go after the person that caused the damage, not you.

Next time check to see if you insurance offers what is called "Gap" insurance. This will pay off the loan if the auto is wrecked.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top