Really stupid questions in this thread!

[anewvance]

Ok, up until the accident last week i'd never even been in so much as a fender bender in my life. My van is totalled, the other driver who was at fault was driving a rental car with no insurance.

I'm so nieve and stupid I have absolutely no idea what is supposed to come of all this...

If we sue, who do we sue... these people had no insurance, she was driving the rental car without a license. In all reality, what should I expect to get out of all this? We only had another 7 months to pay on the van so like $2500. So we are currently paying for a van that is totalled and I have no car.

Is anyone responsible to pay for a new car or is that asking to much? What about the $2500 on the van? How about pain and suffering? We are only paying copays for that, our car insurance is being billed for the rest.

I really am clueless!!! Some idiot drives her car right into me and now I don't know where I stand in the least. We pay for her stupidity or what?

It's not that I will be able even drive a car for a number more weeks, but how long do these things usually run out? Are we looking months? A year? I can't imagine being without a car for that long. We recently had to put a whole new motor in the van, $1800 later and one month later I get it back only for this to happen. I thought i was going to go nuts the month I didn't have my van.

Ugh, it's all so confusing and frustrating. Anyone that can offer any advice or have been in the same boat, please share!!! Thanks so much.

 

[mickeyboat]

I'm so nieve and stupid I have absolutely no idea what is supposed to come of all this...

My advice to you is to get a lawyer.

Denae

 

[anewvance]

Well, I THINK we have a lawyer. My grandfather is a retired lawyer, he was actually quite a big wig in eminent domain in the city for years. He still has lunch every wed with his lawyer friends. One happens to be the best personal injury lawyer in the county. But because the police report isn't ready yet, i'm not sure what's going to happen with him. My grandfather never actually said he was hired, just said he was talking to him.

But stupid me doesn't even know how that works. Do we have to pay him big bucks to represent us?? We gotta come up with money to put him on retainer? Or because he's friends with my grandfather he would be willing to do it pro bono? I know it's questions for them but I guess we haven't exactly gotten "there" yet. Nothing has really happened without the police report.

But all my questions we asked with the assumptions of having a lawyer. But all this is so in the future and my lift is so unanswered right now that i was just wondering if anyone could relate or had an info.

 

[disneymom3]

Did she not have any insurance or just not the rental car co insurance? Either way, your insurance should have some coverage for uninsured drivers damage. Have you called and talked to your agent? As for the $2500, it is going to depend on how much your vehicle was worth and how much your insurance will pay. Some only go to 80%, some go to 100% of for instance the blue book value. If your car was worth more than $2500, you will get that amount of money but then you will have to pay the co that holds the loan on the car.

Good luck. I think you would be best served to call your agent.

 

[lil mermaid]

What does your insurance company say?

 

[anewvance]

Insurance Company won't say much of anything until the police report is received.

 

[MAKmom]

How much coverage did you have? If you still had a loan it must have been full coverage right? You should get a check in a couple weeks. Are you sure you do not get a rental car with your coverage?

Before you sue find out who this is you, may be trying to get blood from a stone.

 

[cepmom]

usually a lawyer will take on a personal injury case at no cost to you...they will take their "share" (a percentage) of the amount you are awarded (if any) in court. I would call and speak with the lawyer your grandfather knows..he will be able to guide you on what to do next. Sounds to me like the rental agency should be held at least partially responsible for renting a car to an unlicensed driver with out any insurance.

Also ~ did you have rental car coverage on your insurance policy? If so, you may be able to rent a car because your's is totalled and have the insurance company pay for it until you get the money for your car.

 

[CarolG]

If the other party had no insurance, your insurance company should pay you for the value of your van (see www.kbb.com for Kelley Blue Book values). They may subtract your deductible from the check, but they willl probably cover the sales tax on the replacement car that you eventually buy. They don't usually pay for a brand new car.

The insurance company will probably then go after the uninsured driver and possibly the rental agency who leased the car to her to recover their costs, but at that point it's no longer your problem.

Talk to your agent and/or claims adjuster to find out exactly what they will do for you.

Good luck!

 

[Chicago526]

As far as actual damages go, your insurance company will handle all of that for you. What they pay you will depend on what kind of coverage you have. Unless you have special coverage, the max you'll get is what the van blue books at (Kelly Blue Book lists the value of every used car type you can think of, insurance companies use this when figuring out what to pay out). Some people get optional coverage that will replace the total car with the most recent model, but it doesn't sound like you have this, if you did I'm sure your agent would have said something.

Once you insurance figures out what to pay you, they'll turn around and try to collect from the other driver's insurance. You said she was driving a rental car, and unless she rented from Bob's Rental Rejects, car rental companies insist on seeing a driver's license before letting you take the car (many do driving record checks, too). So I'm sure the driver is licensed, she just may not have had it on her at the time of the accident. Also, if she used a credit card to rent, she could be covered under her credit card's policy. She could also have bought the car rental companies coverage, or be covered under her own personal insurance. Your agent will work to determine what insurance (if any) she has.

As for pain and suffering, it's up to you to sue, of course. Most personal injury lawyers I've ever heard of will not require you to pay upfront, but if you win, they'll take 1/3 of whatever you get. If you lose, you pay nothing. But, they'll only take your case if they think they can win (because they don't want to work for free, can't say I blame them). You need to document all of your injuries, so keep carefull medical records. I'm not sure if you sue the driver or if you sue the insurance company, to be honest. Your lawyer would of course work all that out for you.

 

[mom2boys]

It would seem to me that the rental company would bear some liability for renting car to an unlicensed driver - assuming the person who hit you was authorized to drive the rental.
We rent a car whenever we have one in the shop. We have to explicitly list each potential driver. I always add DH. I don't recall whether they actually have his license # on file. I have to show mine when I pick up the rental.

 

[anewvance]

Thanks everyone. This helps a little bit. It looks like we will probably be able to pay off the loan and have a little left over for a downpayment for a new van. Which is pretty much what we planned to do in October. Except the old van would have been paid off and our trade in of the van would have been our downpayment.

As for pain and suffering, my grandfather thinks his lawyer friend thinks we have a good case. As far as how i'm not sure. Once they get the report, we'll know a little more on that.

But seriously your responses really helped!

We had full coverage on the van, but car rental was extra that my husband opted out of.