My car was hit by a drunk driver who left the scene. It was parked on a residential street. There’s not too much damage, just paint scuffs, and a few minor dents on the back driver side panel. I was also told that I might need to see if my back wheel well is okay too. Many of my neighbors witnessed the accident, and copied down the driver’s info. The driver was caught later after getting into another accident. Apparently, he is in jail now. The cops came out, took my info, filed a report, and said I would be contacted. What are my options in this situation? I have a $500 deductible on my insurance, and I’m not sure how to handle this situation.
Do I have to report this to my insurance company?
If I do, will my insurance go up?
Can I report it, but not issue a claim?
Can I sue the driver in small claims court?
Are there any other ways to deal with the situation?
1. Do I have to report this to my insurance company?
You pay them to insure you. They don’t own you or the vehicle. You only have to notify them if you want them to get involved.
2. If I do, will my insurance go up?
Your insurance will generally not go up as the result of a claim that you had no chance of avoiding. However, each insurance company can charge you what they want generally speaking. You can search for a better rate after the fact if that happens. If you have collision insurance, it should cover you. That insurance even protects you against slamming your car into a light pole while doing something stupid let alone somebody hitting a parked car. Read your policy. Most people are covered for that type of thing.
3. Can I report it, but not issue a claim?
]Those are not the same things at all. Your insurance company doesn’t care much (except for tickets issued) for what you do on your own. They just insure you.
Can I sue the driver in small claims court?
You can sue whoever you want for anything. It doesn’t mean that you will win but this case seems like it should be easy. Small claims court is restricted to rather low claims but it depends on the state. A no-show with the defendant may make it easy for you to win. It may be hard to collect if it is a degenerate however.
Are there any other ways to deal with the situation?
No. In most cases, your insurance should pay. Let them work it out with his company if any. This type of thing isn’t uncommon. Just call your insurance company after reading your policy. Most people would have no trouble in this scenario.
I would opt for dealing with it through the insurance company. They will go after the bad guy to recover the costs if they can. Your rates will probably not go up as a result, but you never know.
Exactly, the first thing you should do is get an estimate. In fact get it at a dealership, since it’ll most likely be higher. Then tell him how much he owes you and if he doesn’t make arrangements to get you the money right away, ask who his insurace company is and contact them. There’s really no reason for your insurance company to find out about this. While it probably won’t make your rates go up, it certainly won’t help lower them, espsically if you can’t prove he was at fault (trust me, I’ve been in the situation). If he doesn’t have insurace (note: this info applies in Wisconsin, I’m not sure about other states), you can turn it over to the state, but only if one of two things has occured. Either an injury, or at least $!000 in damage (hence trying to get a higher estimate), after that you let the state deal with it. Again I don’t know about you’re state, but in mine I had a guy going from not only refusing to pay me but also claiming it was my fault that I didn’t honk as his son backed into my car, to calling me to find out where I was RIGHT NOW so he could run down and bring me the cash for the repairs. I don’t know what the state did, but the scared the crap out of him.
As for reporting it to your insurance, read your policy. I think that most insurers want to know in order to ensure that the car is repaired. If it isn’t, it affects the value of any repairs that may be required in a future claim. If you have a loan on your car and are required to have the car insured to protect the lender, then the bank has an interest in making sure the car is repaired.
Car is all paid for. If I tell me insurance company about the accident, will they take that into consideration when they renew my policy (assuming I don’t file a claim)?
They aren’t going to hold it against you if you file a claim or not in terms of renewing. I suppose they could but they won’t in a case like this. What do you think your insurance is for especially if you have collision and comprehensive insurance? I agree that his insurance should pay but you call let your insurance company sort that out. That is what those people do all day and they see way worse claims than yours.
I rear-ended a car at a red light two years ago. It wasn’t a bad accident but that car was a little damage. The car that I hit tapped the car in front of it and that car happened to contain the sue champion of the world who has been out on workman’s compensation for 11 years and sues people when she needs play money. The insurance company has supplied me with a lawyer for the last year, paid for expert medical testimony, and everything else. The trial is next month and she will probably get something because it was my fault even though she is faking but the insurance company could have to pay up to $50,000 to her.
The insurance company sent me a letter a few months ago announcing a rate change on my policy. I was really concerned until I read that they were reducing my rate and were happy to have me as a customer.
Insurance companies can turn ugly but you are paying them for a service and a time like this is when they are expected to fulfill their part of the deal.
First thing to do is get a reliable estimate of cost of restoration to base a claim on.
Second is to get a "I’m paying for this myself, to look good not perfect. IOW after market parts, etc.
The second estimate will likely be 1/2 of an Ins. claim job and be less than your deductible.
Consider a small claims court action to recover costs of repair.