Man Down
It's BS. You deserve what your car is worth. Talk to your insurance company about it, if the other guy's can't cover it they should. You pay your monthly insurance for a reason, so if this ever happens you get what your car is worth.
File claim with insurance company they will settle with you and subrogate the claim to his insurance. Also, check to see if you have uninsured or under insured motorist coverage on your policy, I did that at suggestion of agent it might be there and you dont know it??? I forgot about adding it and it saved me in the very same situation.
sounds like you only have liability coverage? At least that's what it seems, as most people would be all over filing a claim with their own insurance of person at fault's insurance didn't work out. If so, I hope you learned your lesson (come on, 2000 sc300 black on black!).
I live in Florida and if someone ever did that to my car i would personally beat **** out of them. But you should definitly file a lawsuit. That is the only way your going to get another nice sc. If you get a real good lawyer you should be fine.
easy way, I assuem you have full cov on your 2000 SC ( you should ), then go through your own ins, the deductible will be wavied since your ins will get suborgated from another. You will be get what it worth for your car. Your ins won't go up since you were not at fault.
If you don;t have full cov, then small claims court is your only option, sue the driver personally, but usually this is very time comsuming and the end result might not be what you want. But at least you tried, right?
I am an insurance agent in NV, and that's how it works in Nevada here. But ins law is also depend on states.
GL.
If you don;t have full cov, then small claims court is your only option, sue the driver personally, but usually this is very time comsuming and the end result might not be what you want. But at least you tried, right?
I am an insurance agent in NV, and that's how it works in Nevada here. But ins law is also depend on states.
GL.
Yeah thats what I just heard! A friend of mine just got back from Florida and said they even have a "Not At Fault" law where if you were to hit or rear end someone it would not be your fault. How crazy is that? Anyway I am sorry about your loss. Judging from your description it sounds like a really nice SC. I would see a lawyer about handling the insurance company. That is one car I would not want to let go of. Good luck.
Yeah thats what I just heard! A friend of mine just got back from Florida and said they even have a "Not At Fault" law where if you were to hit or rear end someone it would not be your fault. How crazy is that? Anyway I am sorry about your loss. Judging from your description it sounds like a really nice SC. I would see a lawyer about handling the insurance company. That is one car I would not want to let go of. Good luck.
Bottom line here is I think litigation should be a LAST resort only. This is precisely the type of reason that you purchase auto insurance. File the claim, let them deal with the headache. If the ACV of your sc300 is, in fact, $14K, then that is what your insurance carrier will pay assuming your agent set the policy up correctly. If they try to tell you it's less then $14K, then ask them to show you where you can pick up a comparable SC for the lower amount (then watch them squirm!).
Good Luck.
DN
Thats nuts that FL only has a $10k min on insurance. Missouri is $25k min. I carry next to the max on my insurance which is $150k. I know im covered if anything happens and its only like $30 more a month than the $25k.
Like it was posted what happens if he hit like a new $50k car? wow, just wow.
Best bet is to get with your insurance and see what they can do for you.
Sueing the guy will not help, as hey could just file for bankruptcy and be scott free.
Like it was posted what happens if he hit like a new $50k car? wow, just wow.
Best bet is to get with your insurance and see what they can do for you.
Sueing the guy will not help, as hey could just file for bankruptcy and be scott free.
I would not get a laywer. I live in florida also and have had a couple accidents and found the best way is to deal with YOUR insurance company. Call them and file a claim. YES they will give you the 14k or whatever they say your car is worth and then go and try and get the money back from HIS carrier. Will they get it? Who cares... thats not your problem to worry about, thats why we pay rediculous premiums. So the insurances companies can handle BS like this.
Doesn't matter whether he nails an 86 Buick, an SC, or an Enzo....same thing will happen. The not-at-fault driver can just file claim with their *own* insurance carrier, get the car repaired or replaced and life is great again. If the insurance carrier wants to chase after his azz to recoup the money...then let em! I really don't understand why everyone screams for a lawsuit at the drop of a hat when there are better solutions that are readily available and involve much less hassle.
Don't worry guys. Scumbag drivers like that eventually get what's coming to them. The DMV doesn't take too kindly to uninsured drivers. Eventually, this guy will have to file SR-22s, which *require* him to obtain the appropriate limits of insurance, or he won't be able to buy or register a new car, or even get his license renewed or lifted from suspension. Its a slow process, but the powers that be will eventually make life so difficult for the vast majority of those folks, that they'll be forced to comply.
Edit: If you drive an 86 buick and someone else totals your car, you may very well be SOL.
+1 Sounds a bit fishy to me..... I have never heard of anyone insured for such a small amount. Check your local laws and see what he is required to carry, also check with your insurance and see what they think about this. I think the guy is trying to low ball you and see what he can get away with...... Thats what they do.... that is their job, to be tight asses.
If all else fails sue his ***.(last resort)
Late
yes. file through your insurance company. They will sue the other guys insurance for you and in the mean time take care of your car loan and you with a rental. I have travelers insurance I had to do that when a guy with the crappiest coverage ever ran a red light and took the front end off my car. My insurance company rocked. got the Audi paid off completely and got me upgraded to an equal quality rental car.
Well, to be more specific, the FL No Fault law applies only to bodily injury, not to property damage to your auto. And limit is only 10K, so if your medical bills exceed this limit, THEN you can go after the at-fault driver (or his insurance policy). Someone also mentioned Uninsured Motorist coverage. Again, this applies ONLY TO BODILY INJURY, not damage to the car.
Bottom line here is I think litigation should be a LAST resort only. This is precisely the type of reason that you purchase auto insurance. File the claim, let them deal with the headache. If the ACV of your sc300 is, in fact, $14K, then that is what your insurance carrier will pay assuming your agent set the policy up correctly. If they try to tell you it's less then $14K, then ask them to show you where you can pick up a comparable SC for the lower amount (then watch them squirm!).
Good Luck.
DN
Bottom line here is I think litigation should be a LAST resort only. This is precisely the type of reason that you purchase auto insurance. File the claim, let them deal with the headache. If the ACV of your sc300 is, in fact, $14K, then that is what your insurance carrier will pay assuming your agent set the policy up correctly. If they try to tell you it's less then $14K, then ask them to show you where you can pick up a comparable SC for the lower amount (then watch them squirm!).
Good Luck.
DN
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