Parked car hit by uninsured motorist

[aa4950]

undefinedWhat is the name of your state? California

Last Thursday my car was hit by an uninsured motorist. I was out of the country and found out about it on my return on Monday. The mother of the teenager that hit me is willing to pay for the cost to fix my car. She wants me to take it to her friends' body shop and have it fixed there. The front bumper is damaged. The back seat door behind the driver is smashed in and the side panel is scraped. The wheel on the right side of the car in the back is bent to the right - so that means the axel is bent.

I want to know, if I go along with this, if there is anything I can do to protect myself in this situation. I have uninsured motorist coverage on my car - so I could go through my insurance.

Some advice I have gotten is that if I go through my insurance, my rates will go up. I have also been told that in the state of California I will only receive $3000 for my car if it is totaled.

My concerns are 1. safety. The back wheel axel being bent bothers me greatly. 2. If I go through with this, without my insurance, I have no protection if anything is fixed incorrectly.

I'm very confused. The other party is obviously looking out for their best interests. PLEASE HELP!!!!

[Warped]

I'm not a lawyer!

This is what I would do in your situation and why.

1: Contact your insurance company and explain the situation. Let them cover it. The reason behind this is that the mother of the kid who hit your car may decide not to pay the body shop and then they would expect you to make payment. Read this forum, there are sob stories all over it about uninsured drivers doing damage, promising to pay for it and then not following through.

2: Involve the police. The kid needs to learn a lesson. Yeah, it would make you the "bad" guy/gal but, tough crap! You have to protect your interests as best you can. If you later wind up having to drag the kid and his mom into court, they will almost certainly have a sob story for the judge including how they can't afford to pay you but $10.00 per month until the debt is paid.

3: If they can afford to pay you for what is likely several thousand dollars in damage to your vehicle then why in the hell don't they have insurance on the car and/or driver? See where I'm going with this?

4: Don't use "their" body shop! It is likely a friend of theirs doing them a favor. How likely is that friend to fix your car right when he almost assuredly knows that payment from the other party might be months in coming? How likely is he to do the repair in a timely manner? What if he does a shoddy job and you have to take it back for warranty work? Will he use aftermarket (read: not guaranteed to fit right) parts in order to save his friends some money?

I sincerely hope I'm wrong about all of the above but it has been proven time and time again that doing strangers such a huge favor usually comes back to bite the victims of their idiocy in the butt.

I wish you the best of luck in this!

[teflon_jones]

Originally Posted by aa4950

She wants me to take it to her friends' body shop and have it fixed there.

It's your decision where to get the car fixed.

Originally Posted by aa4950

I want to know, if I go along with this, if there is anything I can do to protect myself in this situation. I have uninsured motorist coverage on my car - so I could go through my insurance.

Yes, have it fixed by a shop you trust instead of her friend's shop.

Originally Posted by aa4950

Some advice I have gotten is that if I go through my insurance, my rates will go up.

That entirely depends on your insurance company.

Originally Posted by aa4950

I have also been told that in the state of California I will only receive $3000 for my car if it is totaled.

That's entirely untrue unless your policy limits are $3000. You'll receive whatever the damages are up to your policy limits.

Originally Posted by aa4950

My concerns are 1. safety. The back wheel axel being bent bothers me greatly. 2. If I go through with this, without my insurance, I have no protection if anything is fixed incorrectly.

Tell the woman you want to have it fixed by a mechanic of your choice that you trust.

If you submit this through your own insurance, you can then file a claim against the teenage son and the mother for the damages. Your insurance company will provide a lawyer to represent you for any damages up to your policy limits since they want to reclaim the money they paid out. This will allow you to not have to pay your deductible if you 1) win the case and 2) can collect from the woman.

[aa4950]

I would like to thank both of you for your advice. I called my insurance company today and explained the situation. They told me I have the right to take it to a body shop of my choice and the right to a rental car. They also told me I can present my quote from my body shop to the parents and ask them to pay it. If they do not want to pay it, explain to them that I will go through my insurance which means I will have to file a police report and I will have to file a DMV SR-1 report - which will most likely suspend the kids license.

If that still doesn't change their minds, I will go back to my insurance and have them deal with it.

I agree with both of you, the repairs have to be made at the body shop of my choice. The irony is that my insurance company recommended the body shop where the parents friend (who they want me to go with) works during the day.

It's not over yet, but I feel a little better. Thanks a lot for the advice.