Sorry I havent been back before now. It's been a busy day talking lawyers and the DAs office. I greatly appreciate everyones input so far!
Here's where I am currently along with a couple of comments of my own to address some of the questions that have been asked in this thread.
I have a meeting with an attorney in the morning at which time we are going to call my insurance adjustor. My attorney (someone I have used for other things before) seems to think that I may be on point with my suspicions of my insurance company. He is doing some research tonight and will have a plan for a way forward when we meet in the morning.
Insurance is pushing very, VERY hard for me to withdraw the charges as quickly as possible. Very aggressive stance by them.
I spoke with the DAs office who said because this is a juvenile case I do have 14 days (7 left) to appeal the disposition. If I file an appeal this will be heard by a sitting justice as opposed to a juvenile court referee (not sure about other states but that is what they do here in Alabama).
I spoke with my daughters attorney and she is sympathetic to my situation but cannot advise as her advice may possibly adversely affect her client (my daughter). If we file the appeal and it is granted they will re-adjudicate her on the two felony counts of leaving the scene (which she now claims she did because she was going to get help) which may result in a longer sentence.
Damage estimate to my car is $8k. Appraiser valued the car at $11,500 and according to her claims my insurance company told her that damage would have to be 85% of the value before it was totaled, she said she thought Alabama law said 75%, insurance adjustor told me 67% and my attorney said he thought state law says 70%. Too confusing!
I have not seen a damage estimate on the other parties vehicle but if mine was 8 theres is likely close to the same and maybe a little higher. Most of the damage to my car was in the front end and suspension. The damage to their car is very likely going to be mostly front quarter panel and suspension.
Accident occured last Wednesday while I was out of town on business. I got back late Thursday night and have been running this all down since then
Daughter was adjudicated and placed in the custody of the county juvenile authorities Thursday morning. If we had not done it then they were going to send her home and get her into court at a later date. Uh**************...no. I would rather be running around now than having to worry about what her next stupid stunt was going to be.
My coverage is as follows:
Protection for my liability to others
Bodily injury $50000/$100000 perperson, per accident
Property damage liability $50000 per accident
Protection for me, my passengers and my property
Uninsured motorist $25000/$50000 per person, per accident
According to my attorney (and this is based on a short conversation) unless I was to go to a trial and be found to have been "willfully negligent" (I believe that was the term) in order to be held accountable for my daughters actions. According to Alabama state law a parent is liable for the acts of his or her minor child under the age of 18 for the intentional, willful or malicious injury or destruction to real or personal property up to a maximum of $1500.00.
With regards to punitive damages under Alabamas Uninsured Motorist Statute the recovery of punitive damages is permitted but any standard liability coverage that excludes coverage for punitive damages would violate the Uninsured Motorist Act.
Nice PDF from the Harmonie Group that documents the uto laws for all 50 states to some degree state by state.
http://www.harmonie.org/user_documents/Harmonie%20Auto%20Law%20Compendium%20(Nov%202009).pdf
Thanks again to everyone for their thoughts and opinions.