Someone hit my parked car...suggestions?

Friday_sl said:

I'll update when I hear more. For now its just sit and wait for the cops to file this report - which should be amusing to read. For the time being some co-workers are letting me car pool with them and pay for gas.

Let me tell you this though...I watched them tow the wrecked remains of a car that was so damaged it had to be put on a flat bed towing truck; a car that got me from Washington, California, New Mexico, Texas and all over since 2008 when I was in the military without so much as a breakdown, flat tire, or any trouble what so ever...I wanted to cry (after the blood haze fury lifted).

Click to expand...

the police report for my accident in sept had no fucking details at all. Names of people and streets and areas of impact on the car and that was it. I was really disappointed as it did not even mention the other driver admitting fault infront of the police. The report it self was just a bunch of tick boxes and fill in street names. Not one sentence of narrative from the officer. IMO worthless. It even got the part of my car that was damaged wrong, He circled the front end, but it was the entire driver side.

Luckily fault was easy to determine as she turned left into me against a stop sign. It was not even clear in the police report who actually turned left...

A lot of you are making wild assumptions without having all the information. If the lady has liability insurance then her insurance company is going to repair/replace your car up to her liability limits. Texas has a $25,000 property damage minimum for insurance, so assuming she's not driving uninsured there will be at least $25k to spread between your car and the damage to fences and stuff. Someone with enough money to purchase a BMW SUV hopefully has enough savvy to insure themselves for more than the minimums as well (and if it's a new vehicle, many lenders require 50/100 or 100/300).

Contact the police and your neighbors to see if they have her insurance information and then file a claim against it. They'll set you up in a rental car and probably total your car out from the looks of it. Having full coverage wouldn't change anything here unless the claim goes over her liability limit. Like others have suggested, it's a good idea to get at least comprehensive coverage on the car. Covers theft, fire, trees, etc., and doesn't cost much. You're not screwed like some posters are making it sound like (unless she was driving uninsured, in which case you are). It's probably just going to be an inconvenience for a couple weeks. You are gonna be out some money from your pocket for tax/license on the new vehicle you purchase though.

I'm baffled at everyone piling on here excoriating him for no collision insurance.

All insurance is negative expected value. They're a for profit business. You're going to pay them more than you'll ever get back, they wouldn't be in business otherwise.

You buy insurance to cover you against catastrophes that are unlikely to ever happen to you in your life, where you have no choice but to spread the risk over thousands of people. Losing a car is not a catastrophe. You lose money over the long run by buying collision coverage.

Depending on what state you live in, you could be totally boned. Some states have insurance laws to where someone else does not have to pay you, even if they are at-fault, if you don't carry insurance on your car.(I think maybe Michigan is like this, and a few other states, but can't remember them all off the top of my head)

This whole situation could come to several vastly different conclusions depending on what state you live in, and what laws are in effect there.

"Someone hit my parked car...suggestions?"

joeboo_sl said:

Depending on what state you live in, you could be totally boned. Some states have insurance laws to where someone else does not have to pay you, even if they are at-fault, if you don't carry insurance on your car.(I think maybe Michigan is like this, and a few other states, but can't remember them all off the top of my head)

This whole situation could come to several vastly different conclusions depending on what state you live in, and what laws are in effect there.

Click to expand...

Even if insurance won't pay, wouldn't he be able to sue the driver then instead for damages?

Chanur_sl said:

Suing does not mean you will ever actually get paid even if you win.

Click to expand...

People who refuse to pay after a court order here usually end up in prison or have just have it seized by the court and distributed among the victims, if they would the money. If they don't have the money, their paycheck gets confiscated.

What happens in the US when you win at court, the court orders her to pay all the damages and she just says no?

They don't send you to jail because you're poor.. that's foolish.

Noodleface_sl said:

They don't send you to jail because you're poor.. that's foolish.

Click to expand...

Contempt of court is a crime bro.

grumblethorn_sl said:

except a civil judgement not paid is not contempt of court. they will just lien your house or grab assets from your bank account

Click to expand...

Consider Mr. Chadwick's case. In 1994, during divorce proceedings, a Delaware County judge held Mr. Chadwick in civil contempt for failing to put $2.5 million in a court-controlled account. He says he lost the money in bad investments; his wife's attorney claimed he had hidden it offshore. In April 1995, Mr. Chadwick was arrested and detained. Nearly 14 years later, Mr. Chadwick, who suffers from non-Hodgkin's lymphoma, is still in jail -- even after a retired judge was hired to help locate the money, and failed.

http://online.wsj.com/articles/SB123137263059962659

Quineloe_sl said:

Even if insurance won't pay, wouldn't he be able to sue the driver then instead for damages?

Click to expand...

No, not in those states. They have specific laws that state that nobody owes you any damages, even if they are at fault, if you didn't have your own car insured in the accident. They look at it like your car shouldn't be on the road if its not insured, it's your fault it was even out there to be hit in the first place. It's basically a penalty for not upholding your end of the bargain and insuring your vehicles. Some states might just give you a ticket, some will suspend your license, some totally bend you over and dick you if you don't carry the state minimum requirements on your end. Every state is different.

The whole "no pay if no insurance" is fairly rare, there's only a couple of states that do that, but it is out there.

joeboo_sl said:

No, not in those states. They have specific laws that state that nobody owes you any damages, even if they are at fault, if you didn't have your own car insured in the accident. They look at it like your car shouldn't be on the road if its not insured, it's your fault it was even out there to be hit in the first place. It's basically a penalty for not upholding your end of the bargain and insuring your vehicles. Some states might just give you a ticket, some will suspend your license, some totally bend you over and dick you if you don't carry the state minimum requirements on your end. Every state is different.

The whole "no pay if no insurance" is fairly rare, there's only a couple of states that do that, but it is out there.

Click to expand...

Pretty much, the idea is they try and keep everyone's costs down by reducing litigation. Its a great idea in theory, but I am not sure if its really that fair (socialism in Michigan?) or if it really keeps down premiums.

Xequecal_sl said:

I'm baffled at everyone piling on here excoriating him for no collision insurance.

Click to expand...

Again, his original post just said "I didn't want to pay for insurance anymore", he didn't clarify that until halfway through the thread. Not having collision in this situation shouldn't really matter, no one disagrees with that. But it initially sounded like he had no insurance whatsoever.

Eomer_sl said:

Again, his original post just said "I didn't want to pay for insurance anymore", he didn't clarify that until halfway through the thread. Not having collision in this situation shouldn't really matter, no one disagrees with that. But it initially sounded like he had no insurance whatsoever.

Click to expand...

Yeah, there's a pretty big difference between not having collision coverage and not having legally mandated insurance.