Accident with uninsured driver.

[mrwabba]

What is the name of your state (only U.S. law)? Oregon

Was involved in an accident where my insurance company found me not at fault and the other driver didn’t have insurance. Due to the story the other driver gave the police he got himself and I both charged with reckless driving. I have a public defender for the reckless driving charge and she feels it is an easy case to win. My question is should I go about taking the other driver to small claims court now or wait until my trial is over, which I might add stands no chance without the other driver testifying against me? Also I know the car is totaled and normally the insurance company would take my car and pay me what it would cost to get another but since I am likely going to be suing a guy who wont be able to pay me with what he has in his bank account does he take my car once he pays me the value of another car? Does he pay me the value of another car - what it is worth now? What are my options here? Also I will note I do not have uninsured motorest coverage.

 

[JETX]

My question is should I go about taking the other driver to small claims court now or wait until my trial is over?

Wait until the traffic violation is resolved. If in your favor, you remove the 'cloud' of the other driver claiming your fault.

Also I know the car is totaled and normally the insurance company would take my car and pay me what it would cost to get another

Sorry.... WRONG.
The insurance company will only pay you the 'fair market value' of your car at the time immediately prior to the accident. That may be far less than the 'cost to get another'.

but since I am likely going to be suing a guy who wont be able to pay me with what he has in his bank account does he take my car once he pays me the value of another car?

No. You sue him for the 'fair market value'. He can then either request the offset for salvage value of your wreck, or ignore it and you get the full FMV.

Does he pay me the value of another car - what it is worth now?

See above.

What are my options here?

Resolve the citation first. Then determine the FMV of the vehicle. Send him a demand letter (certified RRR) for your 'damages', give him a set amount of time to respond (14 days). If he doesn't pay, go to court and file.