Uninsured driver rear-ended me..

[Harley's-mom]

What is the name of your state? CA
I've sent certified, return receipt letters to both the uninsured, unlicensed driver that rear-ended me and the owner of the vehicle, (his wife), notifying them of my taking them to small claims for the unpaid balance of the rental car I needed, unless they come up with a payment plan. My uninsured motorist paid $600 which is the maximum, out of pocket is a balance of $1344. If I end up taking them to small claims, is it a "slam dunk" that I'll get my full amount? My insurance paid $20 a day for 30 days, my rental car was $30 a day for 65 days.
The driver was definitely at fault and was cited. Also, I'm expecting him to pay my court and filing fees.

 

[stephenk]

Why did it take 65 days to fix your car?

 

[Harley's-mom]

There was extensive damage to the rear end, over $6000. It's a 2002 Ford Escape and the rear floor had to be replaced, straightening to the rear end and side panel, transmission mounts were cracked and of course, paint. Because it was a new vehicle, some parts took a while to get.

 

[lwpat]

"is it a "slam dunk" that I'll get my full amount?"

Shouldn't be a problem. Just be sure you have evidence of all the damages and present it in a manner that is easy for the judge to understand. Pictures of your car, the police report and the investigating officers notes are a few of the items you will need to prepare your case.

"uninsured, unlicensed driver" = No money or assets. Good luck on collecting the judgement. You might be able to attach the other vehicle if there are no leins.

 

[JETX]

"I've sent certified, return receipt letters to both the uninsured, unlicensed driver that rear-ended me and the owner of the vehicle, (his wife), notifying them of my taking them to small claims for the unpaid balance of the rental car I needed, unless they come up with a payment plan."
*** Okay.

"My uninsured motorist paid $600 which is the maximum, out of pocket is a balance of $1344."
** Why did your insurance only pay $600?? I have never heard of an uninsured policy having such low coverage. Or are you only talking about the rental car portion??

"If I end up taking them to small claims, is it a "slam dunk" that I'll get my full amount?"
*** Simply, no. There are no 'slam dunks' when it comes to court. As in this case, if you are claiming almost $2000 in rental reimbursement, I doubt the court would think that reasonable and would expect you to show substantial evidence that it was necessary.

"My insurance paid $20 a day for 30 days, my rental car was $30 a day for 65 days."
*** Then, you should have gotten a $20 per day car. And you had at least some obligation to mitigate the damages of the excessive rental period. Simply, I find it very hard to believe that it took that long to repair your vehicle.

"The driver was definitely at fault and was cited. Also, I'm expecting him to pay my court and filing fees."
*** If you prevail in court, you will be awarded the costs.

One other thing to consider.... you need to discuss this with YOUR insurance carrier if they have a claim against the other party, since any legal action on your part could limit their options.

 

[Harley's-mom]

Ok, so because this unlicensed, uninsured (his wife had him excluded from the insurance) driver crashes into me, I'm supposed to drive a compact car which I'm very uncomfortable in,(especially after an accident) and because I had no control over the time the shop would have my car, I should expect to maybe get half of my out of pocket expense for the rental car?

 

[stephenk]

The car was repaired at the facility your insurance company recommended? If yes, then your insurance should also pay their $20/day in car rental for the entire time your car was in the shop. The delay in repair was not your fault.

You would then be entitled to collect the $10 per day extra from the other party for a total of $650.00.