Parked Car Accident

[Brendis]

My apartment does not have private parking so everyone parks on the side of the street which is legal. I parked where I usually parked, on the side of the street, in front of my door. A motorcylist was making a right turn opposite of my vehicle. He went to fast and hit my vehicle, damaging everything on the drivers side including the tires and rims. A police report was filed and the ambulance took him to the ER. His family took his motorcyle home. He told the police officers that he has insurance but now it turns out he did not have insurance and I am left with paying to get my vehicle fix. Because I do not have a vehicle, I have been paying my friend to use her unused vehicle, costing me even more money. Can I sue him, and for all the financial hardhip I have endured due to his recklessness? I have a police report and witnesses that he was reckless and hit my parked  vehicle.

ANSWER: Mai,

You should definitely file suit on the motorcyclist. The state mandated mandatory insurance laws also apply to motorcycle drivers as well. The police should have issued a ticket to him for that along with with the failure to control and the damage he caused to your vehicle. If he is under 21 and still living at home, consider filing suit on the parents also. Get all the information you can from the Police Report and look at filing in small claims court if your damages are below the level there. That way you don't have to pay a lawyer and both sides just tell their side of the argument.

You may consider a certified letter to him and the parents(if applicable) outlining what ALL of your costs have been and demanding payment. Point out that your next step will be a lawsuit but this helps your case in the long run because it shows you gave them a chance to respond.

Hope this helps.

Kevin Hromas

JD, EGA, RPA, PLCS, HCRI-R/C, CPIU

Kevin Hromas & Associates

... A Division of US Insurance Information LLC

www.KevinHromas.com

---------- FOLLOW-UP ----------

Dear Kevin, I am wondering, when you say ALL expenses, does paying my friend to use her unused vehicle also count? I have paid my insurance to get my vehicle fixed but I do not have rental on my insurance and am still paying my friend 100.00 dollars a week for exclusive use of her unused vehicle. Can I sue for that as well? Thanks.

ANSWER: Mai,

The amount you are paying your friend is a legitimate part of your loss. The fact that it is a lot cheaper than if you had gone to a rental car agency is actually a sign of good faith on your part because it is less than what you would have had to pay for a commercial rental. I would suggest you obtain some online quotes for a comparison if they want to argue about that cost down the line. They are actually receiving the benefit of your friend's helpfulness.

Hope this helps.

Kevin Hromas

JD, EGA, RPA, PLCS, HCRI-R/C, CPIU

Kevin Hromas & Associates

... A Division of US Insurance Information LLC

www.KevinHromas.com

---------- FOLLOW-UP ----------

Dear Kevin,

I wished that this was the end of this story. But finally after months of trying to obtain his insurance information and meeting resistance, I sent him a certified letter(like you had advised) and now he finally filed a claim with his insurance(appearantly he did have insurance but didn't want to file it with them for reasons unknown to me). So now his insurance has left me a voicemail. But what should I do from here on? My insurance has already taken care of my vehicle and I have already paid my friend for the use of her vehicle. What can the other party do? Will they also try to rip me off? and how?

Thanks for being with me this far.

Mai

[Yaremka]

Mai,

Since your insurance company already paid you for the damages(less your deductible) they have an equitable right of subrogation from the other carrier. That means they will get the money back based on what they paid out. BUT ... you want to be sure that they also pursue re-imbursement for you on the costs you paid your friend to use her car as well as your deductible.(They are actually required to do that.) Make sure they have ALL your documentation.

Give the adjuster that handled your claim the information from the other Carrier and let them take care of it from here on out. They should have photos of the damages and receipts for the repair costs. You don't have to deal with the other carrier at all if you don't want to. Hope this helps.

Kevin Hromas

JD, EGA, RPA, PLCS, HCRI-R/C, CPIU

Kevin Hromas & Associates

... A Division of US Insurance Information LLC

www.KevinHromas.com