My parked car was hit by another driver.

[alm99]

So...two weeks ago my wife's car was rear ended and totaled and now today my car was parked in front of our house on the street when all of a sudden a loud BOOM is heard while sitting in the living room.

My car was struck, moved the axle up, destroyed the passenger door, and basically totaled the car. The driver was not hurt. Police came, accident report filed.

The other driver so far, has no insurance on file with the DMV. In NY state the state is notified electronically by the insurance company that they have insurance. NY state is not aware of any insurance by the other driver and they were not able to produce an insurance card....ugh.

We only had liability on the car because it was paid off and was only worth about $1,500. I should have had comprehensive on it, I didn't. We do have uninsured motorist coverage, but I thought that only covered medical bills.

Anyone have some advice.

 

[pcgeek11]

Don't park in the street.

 

[LTC8K6]

Call your insurance company.

 

[Vette73]

Call your insurance company.

and sue the the other person.

 

[Scouzer]

Don't park in the street.

Not everyone has off street parking...

Even houses up to $300,000 here are on street parking.

 

[pcgeek11]

Not everyone has off street parking...

Even houses up to $300,000 here are on street parking.

I'd move then and get a drive way and a garage.

 

[Pardus]

So...two weeks ago my wife's car was rear ended and totaled and now today my car was parked in front of our house on the street when all of a sudden a loud BOOM is heard while sitting in the living room.

My car was struck, moved the axle up, destroyed the passenger door, and basically totaled the car. The driver was not hurt. Police came, accident report filed.

The other driver so far, has no insurance on file with the DMV. In NY state the state is notified electronically by the insurance company that they have insurance. NY state is not aware of any insurance by the other driver and they were not able to produce an insurance card....ugh.

We only had liability on the car because it was paid off and was only worth about $1,500. I should have had comprehensive on it, I didn't. We do have uninsured motorist coverage, but I thought that only covered medical bills.

Anyone have some advice.

1. what you had is a collision, and your insurance company won't pay since you only had liability.
2. the other drive had no insurance, so you can go after the claim that way.
3. get a lawyer and file a personal lawsuit against the other driver for no insurance-this is mandatory in ny and for the damages. any court will claim victory in your favor, but don't wait too long to sue.

 

[BarkingGhostar]

I'd move then and get a drive way and a garage.

This is silly. You assume that if one has a driveway or garage they are safe. Well, I can tell you that just isn't the case. And with some insurance companies you still have a percentage of being at fault (the car existed, in your name). Even if the victim's property is fully covered it isn't going to make a bit of difference if the other party breaks the curb and damages your property.

I had one a-hole of a teenager without insurance come across the curb with sufficient force/velocity to actually hit my home. Doesn't matter nor change the point of an uninsured motorist was a fault making restitution almost impossible for the victim.

 

[God Mode]

Ask the other driver for some personal favors. Dirty favors.

 

[CycloWizard]

At least you weren't in Ohio, where they would have fled the scene. Like everyone else said, sue them. This is a very cut and dry situation (as you presented it, at least) and you should easily win. You shouldn't have to pay a dime for someone else breaking the law and wrecking your stuff.

 

[Juddog]

1. what you had is a collision, and your insurance company won't pay since you only had liability.
2. the other drive had no insurance, so you can go after the claim that way.
3. get a lawyer and file a personal lawsuit against the other driver for no insurance-this is mandatory in ny and for the damages. any court will claim victory in your favor, but don't wait too long to sue.

^^ This - get a lawyer and sue the bastard.

 

[sourceninja]

The cost of the car is so low, would it even be worth the lawyer? Why not small claims court?

 

[EagleKeeper]

Small claims usually has a $5K limit.

You will have to do the leg work and make sure that all T are crossed and I dotted on the paperwork.

If you go that way, have a friend play the bad guy and look for any loopholes/oversights/mistakes before filing.

You also may then have to handle the cost of collections if the person does not write out a check as dictated by the judge.

that could include wage garnishment and/or tracking down the person's asserts, etc

 

[alm99]

Spoke with our insurance, they will follow up with the DMV about coverage and also gave the guys other number since he used our phone to call home.

As of right now it looks like I will be going to small claims court.

F-in bastard.

 

[SP33Demon]

How old was the other driver? If young, they probably don't have sht.

 

[Svnla]

and sue the the other person.

Get a lawyer to sue him/her, win easily, and then get what? If a person has any money/assets, he or she won't drive around without insurance.

The best OP can do is sue that person in small claim court and represent himself. But if the other person does not have any money/assets and works for cash or unemployed, OP is very much out of luck.

<<---been hit by uninsured and broke/no asset driver before and always has comprehensive or uninsured motor vehicle after that.

I made a thread a few months ago when an idiot hit my parked vehicle and drove away with almost 3K damage to my vehicle. I did have to pay $500 out of my pocket ($250 deductible and $250 for rental car) for something that I did not do.....motherF#$&#37;#%. I hope she dies and burns in hell several times.

 

[SP33Demon]

Get a lawyer to sue him/her and get what? If a person has any money/assets, he or she won't drive around without insurance.

The best OP can do is sue that person in small claim court and represent himself. But if the other person does not have any money/assets and works for cash, OP is very much out of luck.

<<---been hit by uninsured driver before and always has comprehensive or uninsured driver insurance after that.

Yup I was hit by a drunk 3-time felon on parole who didn't have insurance. Guess how much of the deductible I got back for my totaled vehicle and medical costs?

 

[Vette73]

Get a lawyer to sue him/her, win easily, and then get what? If a person has any money/assets, he or she won't drive around without insurance.

The best OP can do is sue that person in small claim court and represent himself. But if the other person does not have any money/assets and works for cash or unemployed, OP is very much out of luck.

<<---been hit by uninsured and broke/no asset driver before and always has comprehensive or uninsured motor vehicle after that.

I made a thread a few months ago when an idiot hit my parked vehicle and drove away with almost 3K damage to my vehicle. I did have to pay $500 out of my pocket ($250 deductible and $250 for rental car) for something that I did not do.....motherF#$%#%. I hope she dies and burns in hell several times.

Most states allow you to go after their assets, even with a small claims verdict. Some/most? allow you to even have their wages taken out.

My dad showed up to a business with his truck and the police showed up and the person "found" some money to pay off the claim real fast.

I won against one person but I knew he had little money. So I just had him reported, shows up on background checks and anytime he wants a loan.

But yea when I said sue I meant small claims.

 

[ShawnD1]

Not everyone has off street parking...

Even houses up to $300,000 here are on street parking.

Those are called "piece of shit" houses.


About 1 block from my house is this poor bastard whose Ford Taurus has been hit a minimum of 3 times now. There was a ridge of ice forming in the middle of the street and it would throw a car 90 degrees if one of the tires hit it. Over a span of 2 days, I saw police blocking that road at least 3 times and I had to take a detour to either go shopping or return from shopping. The city eventually did get a grader on that road to break up the ice ridge, and there are little home made signs on the side of the road that say "ICY ROAD"

The lesson here is to never buy any property where you are required to park on the street. All it takes is a little ridge of ice about 1-2 inches high to throw a vehicle into your vehicle.

 

[CRXican]

for a $1,500 car?

I guess you could put the effort into small claims court, then you still wont get paid.

 

[alm99]

How old was the other driver? If young, they probably don't have sht.

22, but it wasn't his car. His girlfriends mom or his mom, I am not totally sure yet other than it wasn't his.

 

[alm99]

for a $1,500 car?

I guess you could put the effort into small claims court, then you still wont get paid.

I am out $1,500 either way for his stupidity of not paying attention. I would like to at least get something out of this.

 

[Kyle]

Most states allow you to go after their assets, even with a small claims verdict. Some/most? allow you to even have their wages taken out.

My dad showed up to a business with his truck and the police showed up and the person "found" some money to pay off the claim real fast.

I won against one person but I knew he had little money. So I just had him reported, shows up on background checks and anytime he wants a loan.

But yea when I said sue I meant small claims.

All that is easier said than done...I won a small claims case for a few hundred and the bitch skipped town- no longer lived @ old address, didn't have her SSN or anything like that- really nothing I could do even w/ the courts decision.

 

[ShawnD1]

I am out $1,500 either way for his stupidity of not paying attention. I would like to at least get something out of this.

At the very least, it smears their name.

He might try to run for governor in 30 years. Then his opponents find out he was once sued for damages because he hit a parked car while driving with no insurance (oh mah gawd!)

That's actually a pretty serious offense where I live. First time caught driving with no insurance is a $3,000 fine. Second time is a $10,000 fine. I don't know what the third time fine is.

 

[drebo]

This is why I hate driving around in California. I know most of the stupid Mexicans around here don't have insurance, and they all drive like fucking morons.