My xB has been hit by uninsured driver (California)
 

On sunday a woman hit the back of my xb while I was at a stop sign. Turns out she hasnt had insurance for a while. Any advice is approciated. I know where she lives, have her DL #, got pics of the damage to my car and hers (not together though) she admitted what happened to her and my insurance. My insurance determined she is 100% at fault. The damage comes to under $500 which is what my deductible is. My car is almost fixed. (Thanks Sierra Paint and Body)

My thoughts are to
1. write her a letter demanding my expenses ($400 ish for repairs and $30 rental car not covered by the measly $20 a day rental reimbursement through my insurance)
Give her 1 week to pay up,
2.if she does not pay up, take her to small claims and file a report of traffic accident that will get her license suspended.

Should I wait to file the report to use it as a threat to pay me a give her the chance to come through or shall I file the report immediately??

Any advice is appreciated.

:doh:

file the report immediately!!! don't wait around for someone who doesn't even have insurance!

Won't your insurance handle this for you? I would always call the cops when there is an accident. Say your wrist hurts if they do not want to come out. You will then have the satisfaction of seeing the other persons car towed away and impounded..........

It is my understanding that if the damage is LESS then deductible it is up to you to recover costs. If insurance companies have been notified then they should be done with this case. File it and pursue in Small claims court.

thats what you get for driving an xb version 2.

^^^C'mon now... :tap:

So, for the last 2 months I thought this forum wasn't like the others. I was wrong...has to be at least one in every crowd. :ttth:

WTF. This guy just had some bad luck to his brand new car, and this helps him how?? Go play with yourself.

its a girl.

Report it dude....It was her fault.........Friends may give her an idea on how to get some money from your insurance.........Report to policia ASAP........Lotta scammers out there.....She has no insurance because she has no money...........She might try to scam some from you..........................

Jerks w/o insurance usually won't or can't pay for the damage they caused so I generally reccommend a solution which involves stooping to their level....

I would put an M-80 in her gas tank, lite it, and LOL at the outcome.

Then when she comes outside screaming, you can yell "Oh! Wow! Don't worry - insurance will cover it!"

- sh00k

take her to small claims court immeadeatly. unfortunately there is no accident report, but maybe you could get something from her in writing and signed that says that she knows she was at fault, that may help you in court. witness statements? those will also help.. if you sue her, you are also entitled to have her compensate you for any court fees and filing fees, plus any monies that you may have spent in the attempt to recover the $ she owed you..
i had this happen to me and the police were VERY uncooperative... there was no injury in the accident, and they didn't want to come out and make a report. they told me to have my insurance company take care of it, so i actully had to find this person by tracking his plate #... he gave me a fake name, and phony ca drivers liscence.. so long story short, one night i showed up at his apt with a crow bar and proceeded to "collect my $$" from his person.... you would be surprised how well a person can get $$ out of their wallet with 2 broken arms and a broken nose and broken fingers... needless to say, i got the 800+ it cost me to have my car fixed from him, didn't have to make my insurance pay for it, and he was reported for driving with no liscence, no insurance, and giving phony information at the scene of an accident..
i hope you can recover your $ easier then all that.. :)

at least look at it this way joan, you can have the body shop fill in the holes in yor front bumper while they have the car!!!!! :)

Actually, That is exactly what I am having them do! :P
Should get it back today or Tuesday.
She gave me an insurance policy number for Farmers and Farmers is saying "the coverage is under investigation" and they will call me with their conclusion on Sept 5th.

If she is confirmed to be without insurance I will definitely submit the report.Really need uninsured motorists here in LA.

Here in CA you should deffinately get "non insured motorist" coverage...there are literaly thousands of non insured motorists here...plus it doesn't cost that much when added to your premium...
Sorry about your Car btw...

here you go...http://www.robertreeveslaw.com/CM/LP...cidents-LP.asp

this happened to my wife a month ago.. the girl hit my wife, they didnt call a cop because the girl admmited her fault and propposed to take our xB on her uncle's shop,,.. when we called her she insisted that we communicate w/ her DAD. we did but the dad was telling us thats its our fault NOW for hitting his daugther!!! we called her Insurance (my wife got the policy no. name, add, but not the plate and discription of car) turns out that the car is under the dad name>> we called our insu. they had the Investigation they concluded that its nobodys fault!! (HOW WOULD THAT BE POSSIBLE!!) so now ,, Insu will just pay us for our damage and said we wont get the "POINTS" .., they will also pay for the GIRLS CAR ..those f@ck@r made money from this accident!!
(were both Mercury) :flame: :flame: :flame:
,,.ON ACCIDENT CALL A COP!

File the police report ASAP!! You probably should have called them from the scene, but it would be best to get down to the station as soon as you possibly can.

Having a police report is key to your small claims case if it comes to that (unless the woman admits fault in front of the judge, that is).

Hey, not necessarily saying this will solve the problem, but if you need anybody's knees broken, just let us know on the Gen 1 board.

We've got a lot of repressed anger. ;)

GIVE US AN UPDATE, GIRL! :nails:

I just got freakin hit from behind by a guy from Luisiana... Im in Texas.... geeez this is going to suck isnt it?... all it did was leave a licence plate indention.. but damn it.... sucks!!