I seem to recall that you got a police report. I'm confused about your
coverage, though. Do you have uninsured motorist property damage? (Pays for
damage to your car by an uninsured driver)
If you have collision coverage you can go through your policy, pay your
deductible and your ins. company can subrogate and go after the owner of the
van or the driver to get back what they paid you. Normally, they will also
ask for your deductible also.You should fill out the DMV report because
that way they have leverage over the perpretrator ( or in your case- the
lying scumbag)- nobody wants to lose their license. Also, the general public
has a right to know who the bad drivers are.
The streets are full of people with no honor. The best thing we law-abiding
citizens can do is use the system to make them pay. If they can afford to
drive a van, they can afford to pay when they make a mistake.
Just make sure you get a copy of the police report. They won't raise your
rate if the accident was someone else's fault.
Also, allowing your insurance company to handle the problem takes the onus
off you. The downside is that if the company doesn't pay out much they
probably won't go after the perp with any gusto. They'll make some motions
and that'll be about it. The key is filing the DMV report. My advice is to
not roll over and take a hit-that only encourages dishonest people to
continue their ways.
Just my .02 worth.
--
Jeff Johnson
'76 TR6
original owner
Justin Wagner wrote:
> I'm looking for some opinions here...
>
> You may recall, my car was backed into a few days ago. (It was parallel
> parked on the street, and the driver of a van, walked right by my car,
> seeing it was there... got in her van... and backed right into me.
> Obviously, just not thinking, and careless mistake.)
>
> You may also recall... the father of the driver claiming "YOU GET
> NOTHING, YOU HIT ME"... and after giving me minimal "insurance"
> information, ordered his daughter away...which led to me calling the
> police, etc. etc.
>
> Anyways...
>
> Turns out... They do not have current insurance.
>
> I called the driver, she is now taking her father's line, "I didn't hit
> you"...
>
> And the van had been full of their entire family... I have no doubt...
> that they will all now take that line, if asked to bear witness... I'm
> sure their father has taught them all well how to be liars.
>
> The question is...
>
> I have insurance, he doesn't.
>
> I had asked for $300.00 to settle the damage, but I'm sure it will be
> over $500.00 if I were to get an estimate.
>
> If I notify DMV of the accident... and report that it is over $500.00 in
> damage, she will lose her license for a year... regardless of any court
> decision regarding "fault"... BUT...
>
> If I make that report... MY insurance company will see it... and
> probably (in my experience) raise my insurance in the future. (I have a
> clean record, but let's just imagine that I got a speeding ticket or
> something later this year...to add to this.)
>
> I could also simply go straight to my own insurance company... where I
> do have coverage if the other driver is not insured... (I don't have
> comprehensive, otherwise.) ...but, once again... this will only lead to
> higher insurance costs in the future... (one way or another...)
>
> I was planning to paint my car later in the year anyways... I feel like
> I should just take a bite... and let this thing go... let her karma
> follow her... rather than stress myself... risk higher insurance
> costs... and... risk possible harassment from their family... (as I
> wouldn't be surprised if these people... who have no honor nor
> integrity, might just seek to reprisals for whatever I, the evil
> american dog, may do...
>
> comments?
>
> --Justin
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