Drunk driver hit and run but then was caught, what happens from here?

Question

a drunk driver hit my car then took off but was caught, we both have insurance the damage to my car is just under 4,000 its an 85 chevy impala in very good condition. (he had a 2002 chevy subarban) But since its an older car you know how that is with the insurance. do you think his insurance will pay that amount to get it fix? Bottom line is that i want the car fix, no little cash in my hand for the car i want it fixed. should i go ahead and file the claim with his insurance or should i file a lawsuit and sue just for the attorney cost and the cost of the damage? or should i just talk to an attorney before i do anything? anyone with advice or been thur done that please let me know? thanks for reading

Answer 1

Do you have your own coverage??  

I'd go through my own carrier.  Most policies give you the right to an appraisal if there's a dispute in 'actual cash value'.  It's also a lot faster.  Your insurance company is under contract (just as you are with them) to try to find the best possible way to close a claim.  If you don't agree with the value, invoke the appraisal clause.

The other insurance company has nothing that says it has to do right by you.  If they give you a value for your vehicle and your not satisfied, they have you hire your own appraiser.

You pay a premium for coverage, use it!!

Answer 2

You should report all of this to YOUR insurance company and let them handle the entire matter.  Protection  is what you bought insurance for.  Let them protect you.  They will be able to advise you better than anyone here

Answer 3

Your vehicle is totaled.  They will pay you the blue book value of your vehicle and you can buy it back from the insurance company at salvage price if you want to keep the car.

Answer 4

party plates for him

higher rate for you

sad but true

Answer 5

umm i guess his dumb *** goes to jail and u get $$$$$

Answer 6

Sorry they consider it totaled.You may get $800 if you are lucky.

Answer 7

contact your own insurance company and they will handle the claim for you.

Answer 8

chances are the car will be totalled out. So you can take the money that they offer you and get it fixed on your own, but the title will be shown as totaled out.

Answer 9

Your car would be considered totaled if it costs more to fix it than the insurance company thinks it's worth.

They will not think a '85 Chevy is worth much - probably somewhere between $300 and $600.

The first thing you should do is file the claim with your (not his) insurance company. Your insurance co will go to his and negotiate with them, and present you with their offer. It will be somewhere between giving you $4k to fix your car or totaling it out for $300(?). If you don't like what they decide, you could either talk with a lawyer or go to small claims court.

Talking to a lawyer will cost you, probably up front, a couple of hundred dollars. But you could just call one and see what they say. A lawyer will also charge $100 to $250 per hour to work on your case, and will also take 30 to 60% of whatever you win, if anything.

If you decide on small claims, you'll have to file at your city hall, which will cost maybe $15. You will have to be prepared to prove that the value of the car is more than $4000, which will be very difficult.

You'd have to get it professionally appraised, as well as show other cars very similar to yours that have sold for that much or more recently.

Good luck.

Answer 10

diu, some nights in jail and a fine and pay for other car

Answer 11

haha.. no offense.. but there is absolutely, positively no way in this planet that car is getting repaired.  Insurance only owes legally the actual cash value of your car... or repair cost.  Whichever is cheaper.  In your case- clearly totalling the vehicle is cheaper.  That car isnt worth c**p.

No amount of complaining,  threatening, or attorneys will change that.   I promise you that.