Need help : Got hit by uninsured driver

[PaulM4]

Got hit by uninsured driver . The driver is not list on the policy so they're decline my claim . Now I have to use my own coverage to have my car fix . Any advice will be really appreciated

[evoix]

In ny the car has to be insured so you can go after whoever owns the car and their insurance I was hit by a kid who stole his moms car and he didn’t have a license. His mom owned the car and her insurance paid for everything.

Not your fault that the driver isn’t on the policy. You can’t pick who you get into an accident with so go after the owner of the car. They are responsible for who is driving their car

[socal619]

Just pay your ded and have your own ins handle it. Down the rd, you should be able get your ded portion refunded. Let's us know what occurs from this.

[PaulM4]

Originally Posted by evoix

In ny the car has to be insured so you can go after whoever owns the car and their insurance I was hit by a kid who stole his moms car and he didn't have a license. His mom owned the car and her insurance paid for everything.

Not your fault that the driver isn't on the policy. You can't pick who you get into an accident with so go after the owner of the car. They are responsible for who is driving their car

That is what I understand ,you give a permission to whoever to drive your car so your insurance should covered

[PaulM4]

Originally Posted by socal619

Just pay your ded and have your own ins handle it. Down the rd, you should be able get your ded portion refunded. Let's us know what occurs from this.

Geigo told me the same , they said they have nothing to do with other party

[e90fanatic]

Originally Posted by PaulM4

Geigo told me the same , they said they have nothing to do with other party

Cali is a tort state so feel free to sue them. Normally you can go through your own carrier and they'll subrogate and recover money from the person for you.

[elinstylez]

If the driver was uninsured chances are he's probably judgment proof. Hopefully you have good uninsured motorist coverage so your insurance can handle the headache for you. Sorry dude.

[W211F30]

OP: unfortunately your uninsured insurance coverage will come into play-- and have your insurance go after the "at-fault" registered owner.. I am not a lawyer tho..

[PaulM4]

Originally Posted by W211F30

OP: unfortunately your uninsured insurance coverage will come into play-- and have your insurance go after the "at-fault" registered owner.. I am not a lawyer tho..

Hopefully my premium not going up . Will call Geigo on Monday to see what gonna happen next . But for now , have to use my own coverage to have my car fixed .

[PaulM4]

Here is the estimate from insurance's shop . I also stop by the dealer an have them look and they said to have it fixed you looking for about 3k-4K . What you guys think ?

[elinstylez]

Your rates shouldnt go up if you're not at fault. $3-4K is pretty cheap, does that include the wheel repair?

[PaulM4]

Originally Posted by elinstylez

Your rates shouldnt go up if you're not at fault. $3-4K is pretty cheap, does that include the wheel repair?

They have to replace it

[MisterF80M3]

Wow $3-4k to repair that? Body shop labor must be cheap in SD. Here in the Bay Area, I got a small bumper tap and a BMW certified body shop estimate was $1800.

[HomoPirate]

Originally Posted by PaulM4

Here is the estimate from insurance's shop . I also stop by the dealer an have them look and they said to have it fixed you looking for about 3k-4K . What you guys think ?

For the estimate you got, the body shop is going to repair the rear quarter panel.

What dealer quoted for you is a complete replacement of the rear quarter panel (either new parts/ parts from junkyard).

I would likely go for a complete replacement because there's no guarantee of factory like shape after a repair.

Here's a YouTube video of rear quarter panel replacement:

compare with a rear quarter panel repairing(Jump to 2:38):

[TRACK M4STER]

Originally Posted by PaulM4

Got hit by uninsured driver . The driver is not list on the policy so they're decline my claim . Now I have to use my own coverage to have my car fix . Any advice will be really appreciated

Submit through your own insurance under uninsured/underinsured motorist coverage if you have it. You insurance will subrogate (go after) the motorist for their losses and your deductible.

From my own experience through Progressive it's HIGHLY unlikely you'll ever see your deductible returned and 2 years later you'll receive a letter stating "we've exhausted our efforts and closed the case."

Very discouraging I know. You have 2 other options:
-Suing the motorist in small claims court for your deductible has high success rate.
-If you OWN your vehicle and sell it you have a high success rate in small claims court for suing him for "diminished value." If you can provide comps for what you could have sold for minus the damage you can sue him for that difference. I'm in the auto industry and have seen this pan out successfully dozens of times.

Sorry for the bad luck. I hope it works out.