How do I fight back after uninsured guy smashed my car?

August 8, 2006 6:52 AM

I was involved in an accident Friday (in Tennessee) and it was the other driver's fault...

I was driving down the road and the other driver pulled out from a side street in front of me. I couldn't break in time to avoid hitting him.

My front end was several damaged, my airbags deployed and my windshield was shattered. I didn't suffer any injuries other than bruises.

In the police report that was issued, the other driver was put at fault for failure to yield (he claimed he didn't see me), but no tickets were issued.

I asked for the drivers insurance information which he provided.

The real fun began Monday morning when I called his insurance agency to find out about getting my car repaired. I found out that while yes, he was insured with them, that particular car was not covered. The agent allowed as how the guy had, last year, asked for a quote on the car that was in the accident, but never got it covered.

I have good insurance with state farm, and they're now handling it as an uninsured motorist claim. The damages to my car (a 1998 Mercury Tracer with a KBB of about 3k or so) amount to $4700.

They'll probably total it.

Here comes my problem - I have a feeling I'll get about 1k less than the amount it would cost to buy a new car of the same type and same condition after taxes, titles, and tags. I also just 2 weeks ago put on 2 new tires at the cost of about $150 and a new AC part for $375. I also have a stereo that I purchased and paid to have installed

Here's my question ...

How screwed am I?

1. If I get less than it costs to buy a used car of the same kind, can I take this guy to small claims court to recoup the rest of the monies? What about the tires and the AC? I would think they have a value over time that I'm now out.

2. Is driving an uninsured car in Tennessee against the law? Can I report that?

3. Is there anything I need to mention to my insurance agent about this to try and get the most money if they do decide to total it?

posted by finitejest to Law & Government (12 answers total)

3. I was in a similar situation in college, where my car was hit but work done on the car put it over the 'average' value. It was a fight, but after submitting receipts and service records to the insurance company, we got them to repair instead of total it. If you're looking for a cash settlement to attempt to replace the car, I don't think you'll have any luck though.
posted by ferociouskitty at 7:17 AM on August 8, 2006

IANAL, and I haven't dealt with this, but I've helped friends deal with insurance companies.

You can retrieve your stereo from the totalled car. You have the right to do that, especially if they won't pay you for it.

Yes, you can report an uninsured motorist in Tenessee. You should call the officer whose name is on the police report. You have a right to go after him for damages in court, including the cost of your deductible if any.

Do NOT under ANY circumstances cash a check that they give you UNTIL YOU ARE HAPPY WITH THE COMPLETE SETTLEMENT. If they lowball you on the replacement value, go find a car you want at a dealership and have them put together an OTD (Out The Door... including taxes, title, registration, plates, etc.) cost sheet in writing on a dealership form or letterhead. Do that at two or three dealerships if need be, and then throw them at the insurance company and tell them you want them to cover the entire thing minus the deductible.
posted by SpecialK at 7:25 AM on August 8, 2006

You have a right to go after him for damages in court, including the cost of your deductible if any.

Since finitejest has already opened a claim with his/her own insurance company, that's probably unnecessary. It's called subrogation: if you file a claim against your own insurance when you weren't at fault, they'll, in turn file a claim on your behalf against the other person's insurance, or in this case, go after them directly for the damages.

IANAL, IANAIA, IANERQTGYTA.
posted by deadmessenger at 7:44 AM on August 8, 2006

Actually, Tennessee doesn't require auto insurance. (apparently only 3 states do not)
posted by reverendX at 7:50 AM on August 8, 2006

Ugh, rogue comma. That should have read "they'll in turn...
posted by deadmessenger at 8:01 AM on August 8, 2006

I was in a similar situation with State Farm (in Tennessee, too) and they fixed the car. A drunk driver hit me, and we both had State Farm insurance. They did about $5000 worth of body work on a car worth $3000, and paid for the rental car for the month my car was in the shop.

I didn't even have to fight with them. The agent realized that I couldn't buy a comparable car, and put the repairs through.
posted by kimdog at 8:16 AM on August 8, 2006

Question 5 reiterates what reverendX said, with more details. see also Question 3. (From Tennessee's Dept. of Safety Interest-Financial Responsibility Division). Good luck!
posted by kimota at 8:29 AM on August 8, 2006

You know, I don't know exactly how it worked, but...

My father was hit (other guys fault) a couple years ago, and our insurance company was going to total it. My dad called them, because he had just put on new tires, like you, and told them "I just spent $xxx on new tires, bla bla bla", and they didn't total it - the cost of the car vs. the cost of the damage was close enough that the new tires raised the value of the car enough to not make it worth totaling.

So, the whole point of me writing all of that - tell your insurance comapny about the money you put into the car. Hopefully they'll factor it in and get you a better check. Also, if you're not already, try dealing directly with the agent that sold you your policy, not someone in a phone bank. Your agent is the one earning your commission, so they're more likely to work harder to help you. (I had and accident a few months ago, and had to do this even though I was supposed to be dealing with someone a few states over...my agent was just flat out more helpful.)
posted by AlisonM at 8:56 AM on August 8, 2006

Wait -- how did the cop overlook the car not being insured? The make and model of the car and coverage periods are clearly listed on insurance cards. If this car was truly uninsured the cop should have caught that and issued a citation. If it WAS, then maybe the at-fault insurance company is telling a lie to give the old brush-off and force you to deal through your own company.
posted by hodyoaten at 11:56 AM on August 8, 2006

Ok, never mind... I see reverendX says insurance is not required. Holy crap... I had no idea insurance was still optional in parts of the U.S.
posted by hodyoaten at 11:58 AM on August 8, 2006

TN "sort of" requires insurance. If you have an accident or moving violation and cannot provide proof of financial responsibility (which can be proof of insurance) the State won't allow you to re-register the car (renew the plates).
posted by Carbolic at 12:33 PM on August 8, 2006

hodyoaten: You can get a valid insurance card by getting insurance and then cancelling the policy. The card still looks good, but if you hit someone or get hit, your insurance ain't valid... but the cop has no way to know unless he calls the insurance company to verify coverage, and he's got better thigs to do.
posted by SpecialK at 5:48 PM on August 8, 2006