Hit and Run uninsured

[miamiparis]

3 months ago, in a parking lot, I honked someone who was backing out of his spot, he didn't hear me and bumped me. After that, he left, I followed him, honked many times but he didn't stop.
I have a witness, a police report showing photos of the damages, and showing that he is almost deaf.
The insurance of the driver finally finished its coverage investigation and found out a physical misrepresentation. I guessed it's because the driver didn't say that he was almost deaf to his insurance company. So his company cannot cover the repair, and I don't want to pay $500 deductible to my company while I was not at fault.
I live in Miami. What do you advice me to do? Should I write to the other driver and ask him to pay for the repair or else I will sue him? And if he says no, what should I do? I don't want to pay for a lawyer, the damage should be between $600 and $1000.

 

[thesmokingman]

3 months ago, in a parking lot, I honked someone who was backing out of his spot, he didn't hear me and bumped me. After that, he left, I followed him, honked many times but he didn't stop.
I have a witness, a police report showing photos of the damages, and showing that he is almost deaf.
The insurance of the driver finally finished its coverage investigation and found out a physical misrepresentation. I guessed it's because the driver didn't say that he was almost deaf to his insurance company. So his company cannot cover the repair, and I don't want to pay $500 deductible to my company while I was not at fault.
I live in Miami. What do you advice me to do? Should I write to the other driver and ask him to pay for the repair or else I will sue him? And if he says no, what should I do? I don't want to pay for a lawyer, the damage should be between $600 and $1000.

If your car is drive-able and you don't want to make a claim, then the only recourse is to sue. Take it to small claims court. He lied to his insurer about his hearing so it should be pretty easy win.

 

[miamiparis]

Thanks. Before going to the small claims court, can I write the driver and ask him to pay for repair? It would save me a lot of time if he agrees, I never went to small claims court.

 

[miamiparis]

My car is driveable, it's just cosmetic damage.

 

[miamiparis]

I just thought of something else. I could ask the other driver to pay me the $500 deductible or else I would threaten to sue him. This way, I would ask him less money and it would also cover car rental. The problem is I'm afraid my car insurance could go up because of this claim. What do you think?

 

[thesmokingman]

I just thought of something else. I could ask the other driver to pay me the $500 deductible or else I would threaten to sue him. This way, I would ask him less money and it would also cover car rental. The problem is I'm afraid my car insurance could go up because of this claim. What do you think?

Why would anyone do that? You've already claimed the insurance, the other driver has no reason or incentive to pay you. That would be why you sue. But then you've already made a claim with your insurer, taking that hit on your insurance record, double loss. You might as well just sue them from the start?

 

[Jumpem]

Pay your deductible and go on with life. Your insurance company will take him to court to try to collect.

 

[miamiparis]

If my company take him to court and succeed in collecting, will my company refund me the $500 deductible or they keep all the money?

 

[Jimzz]

Thanks. Before going to the small claims court, can I write the driver and ask him to pay for repair? It would save me a lot of time if he agrees, I never went to small claims court.

That's actually the first step of a lawsuit. Send a certified letter with the highest repair estimate stating his insurance would not pay and you want payment in 30days or further legal action will take place.

If they do not pay then file the case in small claims. Make sure to get a separate estimate for the repair, rental car, and diminished lose of value. Ask for everything as many times the court will reduce or toss out small parts. So ask for it all.

 

[miamiparis]

Thank you. How can I get the estimate for diminished loss of value?

 

[Jumpem]

If my company take him to court and succeed in collecting, will my company refund me the $500 deductible or they keep all the money?

You get your deductible back.

 

[thesmokingman]

You get your deductible back.

But don't hold your breathe though, it usually is not that easy.


Also, suing uninsured motorists is usually a bad idea because they're uninsured for a reason, but in the OPs case he was dropped for lying about his vision impairment.

 

[Jimzz]

Thank you. How can I get the estimate for diminished loss of value?

There are several sites you plug in the highest estimate for damage you have and they will give you one. Usually in the $10-20 for a basic one that should work.

Check this thread out as well as many have had to do it.
https://www.fatwallet.com/forums/topic_view.php?catid=52&threadid=880666

 

[miamiparis]

not vision, hearing. The detective said that the driver had a hearing aid device implanted in his skull, and the driver had much difficulty understanding the detective.

 

[jaha2000]

hmmm.. Parking lot? In MI thats private property, no cops involved and your only option is small claims court.

 

[Zivic]

if this were me... assuming the damage is something I want and need fixed, I would file a claim with my own insurance and let them fight it out with the other party. Isn't this a reason whey we have insurance agents?

I also don't quite understand how they could deny the claim? i could see them denying repairs on his vehicle, but this sounds much too easy for a company to deny any claim...oh, well we saw you denied telling us you were 25 lbs over weight, that affects your reaction time, claim denied. You failed to tell us how long your hair is, this affects your line of sight, claim denied.

this driver had something like a cochlear implant? and I'm guessing they are saying he couldn't hear you honk? But he wasn't blind correct, so he still should have seen you. parked cars don't honk and don't need to be 'heard' in order to be avoided, so I personally think this is a huge truck load of BS they are feeding you.

 

[JulesMaximus]

Thank you. How can I get the estimate for diminished loss of value?

Diminished loss of value? For a repair estimated at $600-1000 to fix?

Someone backed into my wife's Lexus and caused $2,000 worth of damage. We had it fixed and the other party's insurance company paid for it. Honestly, it was so minor that if we weren't leasing the car I probably wouldn't have bothered fixing it at all. I think you'd be hard pressed to tell me that the car has any diminished value because of that.

Here is a photo of the damage.

 

[miamiparis]

It was the Home Depot parking lot. The cosmetic damage is not big, so I can wait. I wouldn't like to pay $500 deductible without being sure to get it back. Also, I would be afraid that my car insurance goes up if my car insurance pays to repair it.
I should receive the letter from the insurance (Windhaven) probably today. They said on the phone that they cancelled the insurance of the other driver because of a physical misrepresentation, I assume he didn't say that he was almost deaf.
The detective said that he had something implanted into his skull, so that must be cochlear implant.
Right now, I have the car rental quote and I'm waiting to receive a repair quote, then I would send a letter to the other driver.

 

[miamiparis]

I agree with you, JulesMaximus, I won't pay for a Diminished loss of value report, it's too small damage.

 

[JulesMaximus]

It was the Home Depot parking lot. The cosmetic damage is not big, so I can wait. I wouldn't like to pay $500 deductible without being sure to get it back. Also, I would be afraid that my car insurance goes up if my car insurance pays to repair it.
I should receive the letter from the insurance (Windhaven) probably today. They said on the phone that they cancelled the insurance of the other driver because of a physical misrepresentation, I assume he didn't say that he was almost deaf.
The detective said that he had something implanted into his skull, so that must be cochlear implant.
Right now, I have the car rental quote and I'm waiting to receive a repair quote, then I would send a letter to the other driver.

Just have your insurance deal with it. Just because they dropped him doesn't mean they aren't liable for the damage. Accident wasn't your fault so it shouldn't affect your insurance rates.

 

[Jimzz]

Diminished loss of value? For a repair estimated at $600-1000 to fix?

Someone backed into my wife's Lexus and caused $2,000 worth of damage. We had it fixed and the other party's insurance company paid for it. Honestly, it was so minor that if we weren't leasing the car I probably wouldn't have bothered fixing it at all. I think you'd be hard pressed to tell me that the car has any diminished value because of that.

Here is a photo of the damage.
http://imgur.com/ti57lBM

Even small damage shows up on car reports now. That and if you saw "was in front end accident..." you never know if it was a scuff or major damage.
So yes it will affect the resale as 2 of the same cars one with that on the report and 1 accident free, all other things being equal which do you buy or think will sell for more?

 

[miamiparis]

The repair quote is $957, and 5 days of rental car is $235.

 

[JulesMaximus]

Even small damage shows up on car reports now. That and if you saw "was in front end accident..." you never know if it was a scuff or major damage.
So yes it will affect the resale as 2 of the same cars one with that on the report and 1 accident free, all other things being equal which do you buy or think will sell for more?

I don't think it would be too difficult to determine the severity of front end damage just by looking under the hood. The reports are usually fairly comprehensive too aren't they? There is no structural damage, no frame damage, just the front bumper cover was replaced along with some trim pieces and professionally repainted. The airbags didn't even deploy.

Hell, look at a picture of the damage to our car and tell me you wouldn't buy that car regardless of what the report said. I'd bet a two year old non-accident damaged car doesn't look as good as ours.

 

[Jimzz]

I don't think it would be too difficult to determine the severity of front end damage just by looking under the hood. The reports are usually fairly comprehensive too aren't they? There is no structural damage, no frame damage, just the front bumper cover was replaced along with some trim pieces and professionally repainted. The airbags didn't even deploy.

Hell, look at a picture of the damage to our car and tell me you wouldn't buy that car regardless of what the report said. I'd bet a two year old non-accident damaged car doesn't look as good as ours.

Yea that is right but you like most in this thread know more about cars then the public at large.

I use to be a auto tech so I have seen some really bad owners. But a better example is my wife. She will NOT look at any car that shows an accident on a car report. So that car has no chance of even being looked at by her and many others out there as it has a bad history. It could be a simple scratch that was just the bumper cover but its a black mark for her and others.

I fully understand what you are saying and agree. But I know how most are with cars and any black mark will reduce its value so that is why I push so hard for diminished value. The same insurance companies that say it will not affect price use it if the car is ever totaled as something that reduces value if they are paying.

 

[JulesMaximus]

Yea that is right but you like most in this thread know more about cars then the public at large.

I use to be a auto tech so I have seen some really bad owners. But a better example is my wife. She will NOT look at any car that shows an accident on a car report. So that car has no chance of even being looked at by her and many others out there as it has a bad history. It could be a simple scratch that was just the bumper cover but its a black mark for her and others.

I fully understand what you are saying and agree. But I know how most are with cars and any black mark will reduce its value so that is why I push so hard for diminished value. The same insurance companies that say it will not affect price use it if the car is ever totaled as something that reduces value if they are paying.

Now you're kind of convincing me that we should return the car at the end of the lease and get something else... regardless of how minor the damage was.

I wonder if Lexus can sell it as CPO now.