I’m with you on that Miss X. What’s the point of running away from a traffic accidnet, especially if one’s leaving one’s own vehicle at the site? Better to stay and face the music that’s bound to be a lot quieter than what she’s going to face now.
Well, the thing is, how do you know she doesn’t have a dime? If she doesn’t, she doesn’t. But there’s still your insurance company. You’ve paid them a lot of money over the years for just this occasion. They, literally, owe you.
It’s not, “Let’s ruin this girl’s life.” It’s just about finding out what the fair situation is. Do you know she’s poor? Or are you just assuming? The lawyer will know how to find what. Mmm. Maybe, and maybe only, the cops know a good lawyer, if you don’t.
As far as running and hiding… well. She got caught. Not by the cops, by the world. She was driving around without a license or plates, and she messed up bigtime and now all of the things are going to bite her at once. It’s called a fight-or-flight instinct for a reason, and looks like she found her breaking point.
MISS XANAX, I don’t think you need a lawyer yet.
First, it sounds like the girl is judgment-proof. She’s got no insurance, and probably has no assets. Believe me, if she has any assets your insurance company will go after them, because it does not want to have to pay your claim under the UIM coverage if it doesn’t have to, and if it has to, it will want to recoup that $$$ from her.
Second, there’s no reason to think your insurance company will dick you over or not treat you fairly when you haven’t even dealt with them yet. If you get into a wrangle over the value of the car and what ought to be paid, you can always get a lawyer involved at that point. But who knows – they may be willing to pay an amount you think is perfectly fair.
Because I’m a lawyer, I’m all in favor of people saying “get a lawyer!” – more work for us. 
But lawyers are expensive, and there’s no need to get one before you even suspect you have a problem where one will be needed.
Man, I hate to come on as the hard-bitten cynic, especially counter to a lawyer, who–of course, by profession–automatically has a corner on that particular market 
Unfortunately, as a former claims adjustor, I must interject, reluctantly, that it all depends on your insurance company. They’re all in business, which means producing a bottom line for share holders. Some do that in more long-sighted manner than others. Regrettable but true. The fact that you’ve paid premiums faithfully doesn’t mean your just financial welfare is foremost. Going after this girl for your expenses is called subrogation. Your insurance company may/may not have staff lawyers who handle only that, but there’s always a cost. They’re ultimate realists on “blood out of turnips” realities.
Don’t sign anything, including hastily issued checks that bear small print like, “for any and all claims”. Favorite default tactic that can be defeated, but only at your (personal) legal expense.
Watch what you say, even to your own insurance company. This is all coming out of your uninsured motorists coverage–which includes personal injury. Something seemingly as harmless as, “Hey, I’m Brad from Gougers Insurance, how ya doin’?” can turn around and fry you if you politely, innocently say, “Fine, and you?” I loathe cheaters but wrecks can leave legitimate injuries that nag and linger long after the crash.
Then… Miss Xanax, do you have an agent? Many companies who rely on agents to write for 'em, respect 'em. Some agents have clout, and they’re insider/experts. It isn’t always the case, but if you have one, he/she is your best first recourse.
Even if not, dig out your policy and read it, in detail. It’s dry as wallboard but all that verbiage is there for a reason. If you have questions, your state Insurance Commission (blue/government pages in your phone book) may be able to advise you. It may take time or even be a toll call; hang in there. Ignorance is expensive.) Check your local phone book for Information Advisory listings, or even call your local United Way. They’re canny clearing-houses for local resources.
Documentation is your friend. It sounds like your car was special. Get on-line and check out comparable prices, for the make, model and condition. Even if you didn’t carry special insurance on it, as a vintage or collectible, your company still wrote the policy on it. They don’t want hassles from you, depend on it. Get written statements from reputable mechanics/garages that are familiar with your car.
If your insurance agent doesn’t have depreciation tables, call one who does. Many will supply the info as a business lure. Dig out any and all documentation you have for repairs, parts, etc. for the car.
Your insurance company will never recoup the expense of the crash from the girl who hit you. They know it; you know it. But that’s why you’ve faithfully been paying premiums. That’s their business. Do NOT allow b.s. and smoke-and-mirrors to distract you from that.
Finally, if you honestly feel like you’re being screwed, 1. involve your agent or 2. inform your state’s insurance oversight board. (Check in the government listings in your phone book, or call your library.) Insurance companies–even the big 'uns–really DON’T want to draw attention of the government watchdog agencies. They get a lot of cranks and opportunists but a well-written and documented complaint is like chum in a shark tank.
I worked for a “reputable” but truly reprehensible insurance company. There are some genuinely honest companies out there. Having worked in the industry, I shopped around for one. But don’t automatically assume that because you’ve faithfully paid premiums your company is on your side. Many are–once you, as a consumer–call their bluff.
Hope I didn’t bum you out. But betcha, if you get jerked around along the line, calmly saying “lawyer” or “Insurance Commission” will result in a remarkably sudden reasonable stance.
Veb
Another bit of advice – if you have a good body shop who tells you that your car can be repaired, you don’t have to accept your insurance company totalling it. I was rear-ended once, and the impact forced my (completely stopped) car into the car in front of me. Basically everything (bodywise) on the car was damaged except for the 2 doors. My insurance company wanted to declare it a total loss and give me something like $3,000 for it. However, I had one more payment on it and I owned it outright. I’d spent 3 years paying for that car and I’d be damned if I’d be forced to buy another new car and make car payments for what would likely be 5 more years – and no way could I replace my car for a mere $3,000.
But… my body shop said the frame wasn’t bent and that it would be perfectly safe to repair and drive for as many years as I kept it mechanically maintained. And the repair estimate was within a couple hundred dollars of what they wanted to give me to total it. I had to argue pretty hard with the claims representative, but I stood my ground and insisted that they repair my car, and they did. And I drove that car for another 6 or 7 years.
Also, see a doctor. Your injuries, although minor, could cause weeks, months or more of pain and/or debilitation. Immediately after I was hit, I appeared to be just fine. By the end of that day, my legs (which I had put a lot of pressure on when bracing myself upon impact) had completely stiffened up and I could barely walk. I ended up having to have physical therapy for several months so I could walk without pain.
And it may be entirely different, because I was filing a claim against the other party’s insurance, but they paid me 3x my actual medical expenses. As Veb said, read your policy carefully and see what it says about medical reimbursement – you may be entitled to more than just your actual expenses. And if you have to miss work for any reason related to the accident, and they dock your pay, you may be able to get reimbursement for lost wages as well.
I’m sorry to hear about your accident and I hope you and your husband heal quickly from your injuries.
Wow. You guys are really great. I’ve learned a lot and will post an update in a week or so (on both our dealings with the insurance company and the girl’s criminal status). Thanks again for all your help!
Hope it helped, Miss Xanax, and good luck to you.
I just thought of a couple of other things…
1.)I don’t know if you have another car to use but there’s a possiblity you could get a rental while your claim is being settled. This is pricey for insurance companies so they probably won’t rush to offer it, but you can always ask.
The rental almost assuredly would be pretty basic, but hey, if you need wheels, it’s sure better than nothing. Besides, having charges for a rental car racking up puts your claim on the fast track for settlement. They really, really don’t want to keep incurring those bills. It’s worth a try, if you badly need transportation while you’re settling this.
2.) I wasn’t very specfic about finding comparable car values. Go into Google and start there. Play around a little with it, like “car values”, etc. I found some killer info on-line when I needed to sell my mom’s mint-condition '70 Malibu and fools were offering me a whole $1000 for it. They wilted fast when I pulled out a sheaf of printouts citing comparative prices.
3.) Shayna gave you excellent info about what to do if your car is totalled. Whether a car is totalled or not is negotiable! Their cut-off point will probably be simply looking in the NADA or “blue book” for the the ACV: actual cash value. That’s when your documentation comes into play. If you can prove your car rates high on their generic price scale or higher due to condition, the threshold for totalling just moved. By all means examine the estimates and talk to the body shops.
Not to really bum you out, but some insurance companies (like the conscienceless blood-suckers I worked for) would declare cars total if at all possible. Most people just wanted their cars back, reasonably fixed. As Shayna pointed out, who really wants car payments or even choosing a new car if they don’t have to?
One of their favorite tricks when totalling a borderline car was to inform the poor frazzled schmoe that if they were paid ACV for the total, the insurance company had then in effect bought it. Then they turned around and reduced the amount of the settlement check by what they could supposedly get for salvage. It was obscene. “You said you just put new tires on the car; we can get at least $300 for those; when we part it out your new fuel pump will bring X…” Ka-ching, ka-ching, the settlements got smaller and smaller.
If they even breathe like they’re thinking about this, call in your big guns. They may not try it. Many companies don’t. But it’s something to be aware of.
Hope I didn’t depress you any more than you are already. Really, it’s all a game of sorts, and the most prepared wins.
Veb
Research, research, research. Don’t take the first number the adjuster (correct term?) offers. Find out what other cars in your area are going for at car lots, but not personal sales of the same make. A lot of people sell their vehicles without knowing what they’re worth.
When a girl pulled out in front of us and totaled our vehicle, we thought it was worth about $7000. The adjuster offered us $4000. After researching prices, we learned the value was $5500. It took a long time of faxing various quotes back and forth, before the adjuster agreed that our number was correct.
Glad you’re okay.
And if I’d read better before posting, I would’ve noticed that TVeblen said it better.
He does that a LOT too… Grrrrrrrrr 
Reading Veb’s posts makes me suddenly appreciate my insurance company a whole lot more. They’re a big international one, but they’ve always treated me fairly, including volunteering the fact that they cover rentals and even arranging them.
Hope things work out well for you, Miss Xanax.
A very mild form of this happened to us-we were hit by an uninsured motorist and, although there was minimal damage to the car, the was maximum damage to my neck. (And please, I’ve been in severe pain for 9 years as a result, even after surgery, a year of physical therapy and spending 5 weeks as an inpatient in a pain clinic, so none of that shit about bogus whiplash injuries). We did go to a lawyer, and his solution was to actually sue our insurance company. They did pay the medical bills, and we recently got bumped to “Preferred Customer” status with State Farm, which means we can’t get dropped and we get lower rates, so obviously it was accomplished without animosity from the insurance company. You may want to discuss that with an attorney. I don’t know if this will apply to the value of your car, but I’d try it.
And I hope you are okay. You should probably be feeling the worst of it now, but please, take it easy this week!
Good luck!
Well I’m glad nobody was killed and I hope your injuries don’t linger and that things work out fairly with the insurance company.
But am I the only one confused by the other drivers behavior?
Why didn’t she just keep driving? Why just run into the woods a little bit? Why not keep running? If you were on a rural road a person could cover a fair ammount of ground by the time the sheriff came. It is really strange the way some people behave in these sorts of situations.