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lawyers: my parked car got totaled, what next?

post #1 of 13
4/25/10 at 9:05pm
Thread Starter 
Without going into too much detail about what happened, my car was parked on the side of the road in a residential area and was t-boned by another car. According to witnesses, the driver hit it with such force that his airbags deployed and his front bumper fell off. What makes this situation more complicated is that the driver and passenger tried to flee (with the passenger getting out of the car and running). They were quickly apprehended by the police, and I'm going to assume they will be charged with a hit and run. The next day before I could get it towed, the driver left a note on my windshield with his number (I presume he wants to settle outside of insurance). However, I'm going to let my insurance deal with this. I'm kinda confused what happens next. I don't need a body shop to tell me my car is totaled. In addition I had items in the car that were damaged. What is the procedure for obtaining a new vehicle/getting reimbursed for damaged goods in the car/getting reimbursed for time lost and emotional damages?
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post #2 of 13
4/25/10 at 9:09pm
You've spoken to the insurance company, right? That seems like a logical starting point.
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post #3 of 13
4/25/10 at 9:15pm
Thread Starter 
Yea. I called my insurance company the night I found out about the incident. The police report should be ready in a day or two. I'd just like to know what happens next.
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post #4 of 13
4/25/10 at 9:17pm
i'm not sure if you've misspoken.. however, their insurance should be taking care of this... not yours.

his insurance is required to pay you for your totaled car and should be managing the process. it will most likely still have to be inspected and evaluated for it's value, etc. i would take it to a dealership body shop for the inspection... not the other guys insurance's "preferred shop". if you didn't get their insurance information already the police will have it since they arrested them. or so i would assume.
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post #5 of 13
4/25/10 at 9:22pm
Thread Starter 
The body shop is affiliated with my insurance company. I just called them, and I'm assuming they're going to contact his carrier and fix this.
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post #6 of 13
4/25/10 at 9:58pm
LOL @ thinking someone who would commit a hit and run (on foot) will be carrying insurance.
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post #7 of 13
4/26/10 at 12:39am
Well liability is clear. Try not to worry about it and let your insurance handle it.
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post #8 of 13
4/26/10 at 1:11am
Call your insurance company. They'll probably send someone out to look at it and if the other driver was cited / arrested your insurance company might just cut you a check for your car and go after the other driver / insurance co. for the money. That's what my ins. company did, anyway. I had the money for my motorcycle in about 2 days.
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post #9 of 13
4/26/10 at 2:26am
+1 on leaving it with the insurance company. unless you're insured with some seedy outfit.
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post #10 of 13
4/26/10 at 7:29am
Quote:
Originally Posted by averagejoe123 View Post
What is the procedure for obtaining a new vehicle/getting reimbursed for damaged goods in the car/getting reimbursed for time lost and emotional damages?

???
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post #11 of 13
4/26/10 at 9:02am
Quote:
Originally Posted by AlSailor View Post
???

+10. ???????

LOL @ lost time as well.
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post #12 of 13
4/26/10 at 1:16pm
^Don't forget alienation of affection.
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post #13 of 13
4/26/10 at 2:03pm
This isn't legal advice, but I'd forget about a lawsuit. It's expensive, draining, and on these facts probably not worth it. Let your insurance get you a new car and move on.
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