Car Wreck - Legal Advice

#1
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865er

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#1
Alright, I know we have a couple lawyers lurking around here...

Four weeks ago my car was drilled ( twice ) in a parking lot while it was parked and I wasn't even in it. This is what the multiple witness told me:

Driver was parked next to my car and backed out then proceeded to drive into it before backing up again, revved his engine, and then launched into my car. After hitting my car he struck another vehicle and went down an embankment. When witnesses approached his car he seemed confused and refused to put his car in park and turn off the engine so they forced their way in and did it for him.

Paramedics arrived and talked to him for a minute or two and left. Cops showed up to begin collecting information from everyone and there was no argument that the driver was completely at fault. One thing that really confused me is nobody made him get out of this truck while it was down an embankment. He sat in there the entire time. I don't see how someone can hit a parked car twice and cops not force him out of car for a sobriety test. His son showed up and did all of the talking for him.

My poor car looks like it was in a head on collision and not a parking lot accident... it's almost impressive how much damage he did.

The drivers insurance ( Progressive ) is telling me he does not have enough coverage so I'm on my own with expenses and they won't help at all. The issue is that my insurance only covers a rental for 30 days, which ends Friday, and Toyota has yet to even start disassembling my car. I need a car but do not want to pay out of pocket for weeks to be in a rental. Is it worth going after him legally? I don't see how his insurance will not pay a dime since he doesn't have enough coverage. Shouldn't they at least pay what they can?
 
#2
#2
That's a terrible situation that you are in, but not an uncommon scenario. Too many people carry minimal policy limits, which is oftentimes not enough to cover an incident. He probably has a minimal policy limits on the property damage that his insurance company will pay out. They will not pay a penny over his limits that he has with them. You can go after him personally, but you need to make sure that you can collect. I'd ask for them to provide you with his Declarations Page to prove what his property damage limits are.
 
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#3
#3
No real advice, but I sympathize with you. I got hit about 2 months ago, the woman in the vehicle had no drivers license, no insurance, and expired tags. No real damage to my vehicle and no physical injury, so the police wouldn’t come out to file a report and therefore my insurance didn’t cover the dents and scraps. Makes me want to just cancel my car insurance and roll the dice.
 
#4
#4
I buy wrecked cars and repair them. Depending on your model of Toyota, I would discuss buying it from you as is before repairs are made. If his insurance will cut a check to you, combined with what I may be able to offer, you may come out of this without significant loss of money and the ability to purchase another vehicle.
 
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#7
#7
McDad said:
I buy wrecked cars and repair them. Depending on your model of Toyota, I would discuss buying it from you as is before repairs are made. If his insurance will cut a check to you, combined with what I may be able to offer, you may come out of this without significant loss of money and the ability to purchase another vehicle.
Click to expand...

It's actually a Lexus GX460.. I hope it's not totaled because I got it used in August and have already put about $15k in suspension, wheels / tires, roof rack, tent, etc... into it. It's been built to live out of when we go on our off roading trips.

SDV said:
That's a terrible situation that you are in, but not an uncommon scenario. Too many people carry minimal policy limits, which is oftentimes not enough to cover an incident. He probably has a minimal policy limits on the property damage that his insurance company will pay out. They will not pay a penny over his limits that he has with them. You can go after him personally, but you need to make sure that you can collect. I'd ask for them to provide you with his Declarations Page to prove what his property damage limits are.
Click to expand...

They, Progressive, aren't paying anything. Not even up to his limit. That's what is confusing to me. My insurance is only going after what they are paying and not what I would have to pay for a rental out of pocket. I'm about to ask for that now!
 
#8
#8
865er said:
It's actually a Lexus GX460.. I hope it's not totaled because I got it used in August and have already put about $15k in suspension, wheels / tires, roof rack, tent, etc... into it. It's been built to live out of when we go on our off roading trips.
!
Click to expand...

Great vehicles. I hope you get fair compensation considering the upgrades.

Good luck.
 
#9
#9
865er said:
It's actually a Lexus GX460.. I hope it's not totaled because I got it used in August and have already put about $15k in suspension, wheels / tires, roof rack, tent, etc... into it. It's been built to live out of when we go on our off roading trips.



They, Progressive, aren't paying anything. Not even up to his limit. That's what is confusing to me. My insurance is only going after what they are paying and not what I would have to pay for a rental out of pocket. I'm about to ask for that now!
Click to expand...
Do you have uninsured motorist property damage coverage on your own policy?
 
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#10
#10
SDV said:
Do you have uninsured motorist property damage coverage on your own policy?
Click to expand...

I do and it's covering my damages. I can get over paying the $500 deductible but it's the rental car. Part of my uninsured coverage is a rental for only 30 days. It ends on Friday and I'm at least 4-6 weeks away from getting my car back. I cringed when I went to price rental cars for that time frame.
 
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#11
#11
IMG_0979.png

Pic doesn't show hood and quarter panel damage. I'm hover around $17k in damages right now and they've yet to disassemble it so it'll go up.
 
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#13
#13
865er said:
I do and it's covering my damages. I can get over paying the $500 deductible but it's the rental car. Part of my uninsured coverage is a rental for only 30 days. It ends on Friday and I'm at least 4-6 weeks away from getting my car back. I cringed when I went to price rental cars for that time frame.
Click to expand...
You should ask the rental car agency to give you the insurance rates. They are much cheaper than retail rates, or at least were when I used to work for Enterprise
 
#14
#14
865er said:
View attachment 420813

Pic doesn't show hood and quarter panel damage. I'm hover around $17k in damages right now and they've yet to disassemble it so it'll go up.
Click to expand...
Dang!

My car got hit on a parking lot one time. I was getting my hair done. The UPS guy saw it and came in and said "anybody drive an orange toyota? A lady just hit it." She told the cops she thought it was a dumpster. (RUDE!!) The cop said, "So you were content to hit a dumpster?" lol
 
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#16
#16
That sucks and it’s sad the clown that hit you seems to get off without being responsible for anything.
 
#17
#17
865er said:
View attachment 420813
Pic doesn't show hood and quarter panel damage. I'm hover around $17k in damages right now and they've yet to disassemble it so it'll go up.
Click to expand...

That really sux. Doesn't take much to cause thousands in damages.

Considering the other "overland" improvements you've made, might this be an opportunity to upgrade the front bumper to a more robust option?
 
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#18
#18
865er said:
It's actually a Lexus GX460.. I hope it's not totaled because I got it used in August and have already put about $15k in suspension, wheels / tires, roof rack, tent, etc... into it. It's been built to live out of when we go on our off roading trips.



They, Progressive, aren't paying anything. Not even up to his limit. That's what is confusing to me. My insurance is only going after what they are paying and not what I would have to pay for a rental out of pocket. I'm about to ask for that now!
Click to expand...
They aren't paying anything yet. They will, but right now they are playing hardball because they don't want to pay. Your insurance company will make the fight for you right now.
 
#20
#20
volwindy said:
They aren't paying anything yet. They will, but right now they are playing hardball because they don't want to pay. Your insurance company will make the fight for you right now.
Click to expand...

Yeah, insurance attorneys and companies are some of the lowest scum on the face of the earth...

At least the OP doesn't have State Farm...
 
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#21
#21
BigOrangeMojo said:
Yeah, insurance attorneys and companies are some of the lowest scum on the face of the earth...

At least the OP doesn't have State Farm...
Click to expand...

If you have State Farm they're great, if your in a wreck with a SF client they suck big time.
 
#22
#22
hog88 said:
If you have State Farm they're great, if your in a wreck with a SF client they suck big time.
Click to expand...

If you are a SF client and you file an uninsured motorist claim through them, they are the lowest of the low.

Spouse got in T-boned in a wreck, had head/chest scans done. State Farm has taken the position that it wasnt the uninsured drunk motorist that caused her stitches, it was the sunglass clip on her visor.

Their thoughts on the stitches doesn't even make the Top 3 ideas about how they aren't trying to pay her claim.
 
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#23
#23
BigOrangeMojo said:
If you are a SF client and you file an uninsured motorist claim through them, they are the lowest of the low.

Spouse got in T-boned in a wreck, had head/chest scans done. State Farm has taken the position that it wasnt the uninsured drunk motorist that caused her stitches, it was the sunglass clip on her visor.

Their thoughts on the stitches doesn't even make the Top 3 ideas about how they aren't trying to pay her claim.
Click to expand...
Get a lawyer
 
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#25
#25
865er said:
Alright, I know we have a couple lawyers lurking around here...

Four weeks ago my car was drilled ( twice ) in a parking lot while it was parked and I wasn't even in it. This is what the multiple witness told me:

Driver was parked next to my car and backed out then proceeded to drive into it before backing up again, revved his engine, and then launched into my car. After hitting my car he struck another vehicle and went down an embankment. When witnesses approached his car he seemed confused and refused to put his car in park and turn off the engine so they forced their way in and did it for him.

Paramedics arrived and talked to him for a minute or two and left. Cops showed up to begin collecting information from everyone and there was no argument that the driver was completely at fault. One thing that really confused me is nobody made him get out of this truck while it was down an embankment. He sat in there the entire time. I don't see how someone can hit a parked car twice and cops not force him out of car for a sobriety test. His son showed up and did all of the talking for him.

My poor car looks like it was in a head on collision and not a parking lot accident... it's almost impressive how much damage he did.

The drivers insurance ( Progressive ) is telling me he does not have enough coverage so I'm on my own with expenses and they won't help at all. The issue is that my insurance only covers a rental for 30 days, which ends Friday, and Toyota has yet to even start disassembling my car. I need a car but do not want to pay out of pocket for weeks to be in a rental. Is it worth going after him legally? I don't see how his insurance will not pay a dime since he doesn't have enough coverage. Shouldn't they at least pay what they can?
Click to expand...
Do you care to say where you’re located? I might can help you on the rental car side of this depending where you live.
 
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