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It's not a case of class warfare that the person in the late-model Volvo is suddenly wealthy and has to pay above and beyond a settlement of the actual losses to the OP in the form of property damage. The best that could be recovered is the value of the car, plus reasonable rental car expenses until you find another vehicle. Who knows who actually owns the Volvo, whether it is a leasing company, finance company, or the guy outright -- it's a non-issue. You would not get $50k for a $500 car if you had been hit by a 2012 Aventador, nor would you get $50 if you had been hit by a 1978 Accord -- the value of your car is the same, regardless as to the value of the car that hit you and the financial position of the driver of that vehicle. It may seem unfair that someone in a newer, more expensive vehicle may be in a position to more easily take care of their own damages, and you are thus slighted by your affordable transportation being destroyed, but the court can only deal in actual losses.
What exactly happened to your car? Is it cosmetic? Lights involved? It might be more fruitful to pursue a repair on your own car than to spend that money to retain a lawyer (and you would have to hunt to find one who would take the case) or go the small claims route, when all that does is leave you still in transportation limbo with either a damaged car, or having to buy a new car while you wait for the case to be settled. And, if you do not have rental car coverage in your insurance policy, you have to go out of pocket for the rental car, at which point I would not pursue the issue, even on principle, because it would be in your own best interest not to spend the money with the hope of possibly recovering, when you could spend it on another car.
See what your insurance company will offer you for the vehicle if it is covered by an uninsured motorist provision in your policy. The settlement might be better than you think, since I know someone who came out ahead when her car was totaled because of the uptick in used car values over the last couple of years. It wasn't a huge windfall, but amounted to about an extra $1k over what she thought the car was worth.
If your car was worth around $500, then I'd look at a replacement vehicle. Put word out to friends and family that you are in the market for a good used car if they know of someone that has one for sale, or that they are considering selling. It cannot hurt to get names and phone numbers, just in case you need to get another vehicle fairly quickly through a private party sale.
The fact that you walked away unscathed is a very good result, though it's frustrating dealing with insurance claims, not to mention whatever has to be done with the car, repair or replacement. Don't get stressed out and look for vengeance through frivolous lawsuits because the guy drove a nicer car than yours, since that will not matter when determining your actual damages, which is all that matters in a case of property damage.
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All the world's a stage, and all the men and women merely players: they have their exits and their entrances; and one man in his time plays many parts, his acts being seven ages.
~William Shakespeare (As You Like It Act II, Scene VII)
No car is worth only $500 anymore, even cars over 20 years old are worth $1,500.
Funny...a few years ago I had trouble selling a (then) 18 year old pick up truck (still ran and drove fine) for the asking price of (I think) $1500...ended up having to drop it to $950. Guess I should have held on to it.
No court is going to hand over a $40k Volvo to the OP, that the other party may not even own, as a lien holder may own the vehicle, to settle a $500 claim.
__________________
All the world's a stage, and all the men and women merely players: they have their exits and their entrances; and one man in his time plays many parts, his acts being seven ages.
~William Shakespeare (As You Like It Act II, Scene VII)
Thanks, everyone! I checked and DO have uninsured motorist coverage on my policy. Still waiting to hear from the assigned agent from Allstate.
Also, the police officer yesterday gave me a paper with a court date. He told me he'd strongly suggest that I attend and bring in any/all estimates. The other driver will be there also. So to me that was alluding to the fact that I may be able to recover some of the costs there in traffic court, right?
Thanks, everyone! I checked and DO have uninsured motorist coverage on my policy. Still waiting to hear from the assigned agent from Allstate.
Also, the police officer yesterday gave me a paper with a court date. He told me he'd strongly suggest that I attend and bring in any/all estimates. The other driver will be there also. So to me that was alluding to the fact that I may be able to recover some of the costs there in traffic court, right?
As everyone else has said, they aren't going to give you more money than the car is worth. That just isn't how insurance works.
I think you are going to have the same issue in court.
Sorry if you had already mentioned this and I missed it but what kind of a damage on your car?
If your car is truly worth $500 and if there is significant damage to your car, I would assume the car totaled. I mean I am exaggerating here but repairing a scratch can cost more than $500 these days.
But then again, since the other driver did not have insurance and if your insurance does not handle this case... and someone can correct me if I am wrong, I would assume you would be able to sue the other driver for whatever the worth of the damage.
Thanks, everyone! I checked and DO have uninsured motorist coverage on my policy. Still waiting to hear from the assigned agent from Allstate.
Also, the police officer yesterday gave me a paper with a court date. He told me he'd strongly suggest that I attend and bring in any/all estimates. The other driver will be there also. So to me that was alluding to the fact that I may be able to
recover some of the costs there in traffic court, right?
Great that you have uninsured motorist. I would go online and research the value of your car right away so you know what it is worth in your negotiations. You do not have to accept their first offer if it is way below what the market price is. Like was said, they are in the business to make money, and if they can lowball you by $500, that is $500 more to their bottom line income. I wouldn't worry about the odometer, just take the reading and add your average mileage per year to it. But they will just take the reading at face value if you don't say anything about it being broken. I for one would never be without inunsured motorist coverage. It is well worth the $2 or so a month to me, especially on my 25 yr old Mustang that does not have collision. At least the car gets repaired/ paid for and the accident does not go against you like it does on collision if you use that coverage.
Maybe you can get back the deductable in court. A co worker was in a hit and run accident, and they followed the guy until he got stuck in a dead end street, and the cops came. No insurance too. As part of his court case, the judge ordered restitution for their uninsured motorist deductable of $250. They did collect some of the money, but he quit paying after a few months. But because of that part of his sentence, he had a warrant for his arrest issued. I don't know if he finished paying them or not as she retired.
Location: We_tside PNW (Columbia Gorge) / CO / SA TX / Thailand
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Quote:
Originally Posted by sunsprit
Say What, Stealth?
You've repeatedly been posting for years about how many of these VW diesel cars you have and how frequently you've come across them "for free, take it away" ... or how many of these cost you less than $100.
Additionally, you've been counseling folk on this forum to go find all of the similar cars in their backyards that can get them into the 50 mpg on waste grease available anywhere (or so you claim it to be, it's not in my region of the country because there are pro companies that have contracted for the waste fryer oils in the food biz) ...
Sure I get lots of cars for free and CHEAP, but try finding a B4 Passat TDI... I have scourered NA for 10+ yrs and found very few of those (the ones that usually get totaled... Looking for yrs, and flying 3000 miles to fetch one, is not something I consider FREE (as I do farming and international engineering, so my time is somewhat valuable, as is yours).
BTW (since you are in such a grump mood today ) Look around Cheyenne for bulk food (veggie oil haulers). We use them as a source for as many 330 gal containers of NEW oil we need for fuel. As YOU know these tanker trucks must be throughly washed and inspected between loads. And yes, we have to dewater the NEW oil, but life (fuel) is not free! But centrifuges are not a new technology...(especially to farmers). And yes, of course all the CHAIN burger joints contract with Baker Commodities or similar to collect and ship waste oil to China so it can come back to USA as lipstick. I have never been turned down by a local Mex / chinese joint, but your own request may be expectedly different.
OP... realize you will get minimal replacement cost for a beater no matter how / who pays, so better to 'move-on' and keep your eyes open for another beater, and YES, you too can find FREE to $100 VW diesel rabbits hiding in your Neighbor's brier patch. BUT eventually they get harder and harder to find. (Surprise...limited stock of 35 yr old 50 mpg cars)
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) Look around Cheyenne for bulk food (veggie oil haulers). We use them as a source for as many 330 gal containers of NEW oil we need for fuel. As YOU know these tanker trucks must be throughly washed and inspected between loads. And yes, we have to dewater the NEW oil, but life (fuel) is not free! But centrifuges are not a new technology...(especially to farmers). And yes, of course all the CHAIN burger joints contract with Baker Commodities or similar to collect and ship waste oil to China so it can come back to USA as lipstick. I have never been turned down by a local Mex / chinese joint, but your own request may be expectedly different.
