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Got rear ended by uninsured driver, now getting reamed by insurance!

D

d33pt

Diamond Member
Last Friday I got rear ended by a Mexican guy with no license and no insurance. I live in San Diego, so that's expected, which is why I have Uninsured Motorist coverage with Progressive. My truck isn't worth that much so I don't have comprehensive collision coverage. I figured that they would cover my truck's damages since he was uninsured.

Well, I found out on Saturday that unless they can positively prove that he has no insurance, they are not liable. I could not get his real address, just was able to write down what he told me. The CHP came out and did a report, but that won't be released for another 10 days. Not too hopeful with that either. So basically, even though I have uninsured coverage, they say technically this is a hit and run and they won't pay me for damages to my truck. I do get medical though, but only $1000 max. My back is still pretty sore.

The truck got hit pretty good. His car was totaled. I will need a new bumper, hitch, lights, tailgate, and some dents banged out. If you guys have any of these parts for a Tacoma lying around and can get rid of cheap, please let me know. Hopefully the frame isn't damaged. The bumper and hitch were pretty bent. Also the tailgate doesn't close on the right side. But the right fender wasn't hit, so I hope that it's the tailgate that's bent not the whole bed.

This really sucks too, right around Christmas. I'm more pissed at my insurance company than the guy that hit me. They will do everything they can to screw you. So if you have UM coverage, make sure you know what you are getting into.

Do you guys think I should get a lawyer and see if they can help? Not sure about my back either. Went to the ER and the doc said not to worry, but it's still pretty sore after 3 days. I'll probably go get it checked out again this week.

Let me know what you guys think.


http://members.cox.net/d33pt/tacoma1.jpg
http://members.cox.net/d33pt/tacoma2.jpg
http://members.cox.net/d33pt/tacoma3.jpg
http://members.cox.net/d33pt/tacoma4.jpg
http://members.cox.net/d33pt/tacoma5.jpg
 
I don't know what to tell you... yeah, it definetly sucks, but that's what insurance companies are all about. They screw you again and again until you switch over to another one.
I'd say sue the Mexican guy about your back but I don't know how he would pay (guessing he doesn't have much money)...
Your truck is in pretty good condition considering that his car is totaled. Good luck.
 
I would think your frame is bent because of picture 2. A lawyer can't do you much good if you don't have the guys contact information.
 
Comprehensive and Collision are two entirely different types of insurance, BTW. Comprehensive covers stuff like fire, theft, etc, and collision covers at-fault collisions.

I agree that your insurance company seems to be screwing you, but I'd wait until the police release their report. If the insurance company still won't pay up, get a lawyer.
 
I wasn't planning on suing the Mexican guy. That's a lost cause. I was hoping a lawyer would help me fight my insurance company. Usually they don't charge unless you win a settlement. I really hate this paperwork and legwork though, but I really want my insurance to pay up. They've received thousands from me to protect me, and now they are trying to screw me.

I don't think the frame is bent at pic2. The bed just hit the cab and snapped back. The gap between the bed and cab is still the same as before.
 
Originally posted by: d33pt
I wasn't planning on suing the Mexican guy. That's a lost cause. I was hoping a lawyer would help me fight my insurance company. Usually they don't charge unless you win a settlement. I really hate this paperwork and legwork though, but I really want my insurance to pay up. They've received thousands from me to protect me, and now they are trying to screw me.

I don't think the frame is bent at pic2. The bed just hit the cab and snapped back. The gap between the bed and cab is still the same as before.
Click to expand...
No need to hire a lawyer unless you were injured. They are simply waiting for the info. They will give you a hard time though.
 
Originally posted by: BannedTroll
Originally posted by: d33pt
I wasn't planning on suing the Mexican guy. That's a lost cause. I was hoping a lawyer would help me fight my insurance company. Usually they don't charge unless you win a settlement. I really hate this paperwork and legwork though, but I really want my insurance to pay up. They've received thousands from me to protect me, and now they are trying to screw me.

I don't think the frame is bent at pic2. The bed just hit the cab and snapped back. The gap between the bed and cab is still the same as before.
Click to expand...
No need to hire a lawyer unless you were injured. They are simply waiting for the info. They will give you a hard time though.
Click to expand...

Agreed. Wait for the police report 🙂
 
Uninsured motorist coverage does NOT cover damage to your car caused by uninsured motorists. That's what you have comprehensive for. I've been in the same boat, and didn't get a nickel for my car. If you are hurt, though, that may be your best way of getting some money. Play it up as much as you can. They can usually be forced to pay you something for possible future expenses, that may get your vehicle fixed, although you have more damage there than you think. Don't expect it to happen quick though, unless you are a very persuasive talker or get a good lawyer. It took me nearly three years to get a measly 7 grand for a back injury I had once when somebody hit me.
 
Originally posted by: earthman
Uninsured motorist coverage does NOT cover damage to your car caused by uninsured motorists. That's what you have comprehensive for. I've been in the same boat, and didn't get a nickel for my car. If you are hurt, though, that may be your best way of getting some money. Play it up as much as you can. They can usually be forced to pay you something for possible future expenses, that may get your vehicle fixed, although you have more damage there than you think. Don't expect it to happen quick though, unless you are a very persuasive talker or get a good lawyer. It took me nearly three years to get a measly 7 grand for a back injury I had once when somebody hit me.
Click to expand...

uuuummmm....no....well maybe. There are two types of uninsured insurance. Bodily injury and property damage. Since he has spoken to the insurance company and they told him to wait odds are he at least has "property damage" insurance. The bad part is that his claim will be limited to $3500 (I think). If he does not have UMPD but has collision he can also file against it.
 
damn man, poor Taco. I'd head over to yotatech.com or customtacos.com to see if their FS/FT forums have anything you might want. Man, I'd be pissed if that happened to my new Tacoma. Both at the insurance co and the guy who did it.

Oh, and I feel sorry for you somewhat, but that poor poor truck... 😉
 
In FL the UM coverage is for medical, which seems like a crock since it is a no-fault state for medical purposes to begin with.

I got rear-ended by an uninsured motorist last month and I'll have to suck up the $500 deductible until or unless my insurance company recovers from him (not likely) or I sue him for it and collect (also not likely). :|

Sorry about your loss (and mine). 🙁
 
This is crazy man and we wonder why we bother to pay insurance? When you need it most you get 'screwed' over...

Good luck.

Koing
 
my bf got backed into by an uninsured motorist... surprise surprise... no insurance and NO license. they said they'd pay out of pocket for everything, but we only wound up collecting 2/3rd of the money.

good luck collecting anything. they said they kept "calling" us (which was possible) but they were afraid of our answering machine or something.

 
I'm glad I live in NY ... not too many illegals running around up here.

We do have to deal with the Canadians, though. 😛
 
You have collision insurance right-this should fall under your collision/comprehensive? I would tell your insurance company that you intend to get a lawyer if they don't fix your truck. You did everything you were supposed to do and you have coverage. Talk to a supervisor and tell them you will contact a lawyer and file a complaint with the BBB and the California Department of Insurance if they don't fix your truck.

Link to the California Department of Insurance.
 
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