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11-30-2004 01:59 PM #1
asking for advice: someone rear ended my 5er in CA
last night on the I-805, someone rear ended my 530i. Of course, the driver was unlicensed and uninsured. After asking her all the questions, she basically said she had no driver's license and no insurance and then got in her car and took off.
The damage isn't severe, hopefully just some paint repair.
I have her vehicle's CA license plate number, her name and she said he had no home phone number but gave some street address. What should I do?
What are my chances on collecting anything for the paint repair? How can I get these unlicensed + uninsured drivers off the road?
11-30-2004 07:44 PM #2
Contact the police...
if there is damage in excess of $500 then an SR1 must be filed with the DMV. She left the scene of an accident (felony?). Hopefully your uninsured/underinsured is EXACTLY the same coverage as your comp/collision (or as my agent asked me "why should it be any less than what your willing to cover others"?).
At the very least your insurance company will cover the claim and harass her for years for the repayment.
In the early 80's, my brother had the misfortune of being unlicensed, and uninsured, and hitting an attorney. The attorney's insurance picked up the tab, I negotiated a settlement with the insurance company for my bro' to pay $50 a month. He did... for 14 years. I still remember the day he called me all yahoooy and everything because it was over.
Call the cops, make it miserable for her. It may snuff that "I could give a _****" attitude she gave you. Keep us posted.
11-30-2004 08:04 PM #3
so i called the CHP and they came by, asked a few questions and said they were going to look into the matter and file a report. i'm not too confident about how they are going to handle this. they said if she really didn't have a license, and no insurance and left then it's not hit-and-run since she just didn't have the info. ???? if it's not hit-and-run, fine... isn't there something wrong with driving without a license and no insurance?
after looking at the damage this morning in the sun light, i noticed that the rear bumper is slightly bent on the pass. side. Hence, the cover for the towing hook came loose. Does anyone know what it will take to fix the indent on a plastic bumper and paint job? Can it be fixed or does it have to be replaced? the trim that goes around the plastic bumper is also coming loose on the damaged side... it's hard to see the damage on a black car, but it's definitely noticable when you push on the damage and the towing hook cover falls out and the trim starts to come loose.
i'm kind of thinking that any repairs will be coming out of my own pocket, so I'm wondering how much something like this might cost?
thanks for all the responses so far...
11-30-2004 09:34 PM #4
Re: asking for advice: someone rear ended my 5er in CA
Sorry about your accident. Wouldn't your insurance pick it up? I don't know where you live, but there is a great shop in Santee that does a lot of work on BMW's, my friend has taken his 530i for a couple of accidents and says they are great. If finances are an issue, you mught try the body guy at Carl Nelson's, he does a lot of restoration work on older bimmers, you mufht see what he would cost you.
I don't know the name of the place in Santee, but email me if interested and I can get it for you. Carl Nelson is at La Jolla Independent 858-488-15555
12-01-2004 04:32 PM #5
Are you insured in CA?...
Assuming you live in CA, does your insurance policy include Uninsured Motorists Coverage? Since the other driver is uninsured and I'm assuming they were 100% at fault, then filing a claim would fall under your Uninsured Motorists Coverage.
And I'm pretty sure when you file a claim for damage to your car caused by an Uninsured Motorist, you don't pay any deductible. Also, I don't think filing the claim will have any negative affect on your premiums.
I believe you just file a claim with your insurance company and then they try and recoup the claim amount from the owner of the vehicle that hit you and/or the driver of the vehicle that hit you (if it's someone different than the owner) through the courts.
I had a similar experience. Guy side swiped me and kept on going. I chased him down and got his Driver's License #. Probably not a safe thing to do, but I was young and dumb. My insurance company said that if I hadn't chased down the driver and gotten his license number that it would be a Hit and Run claim against my Collision Coverage and I would have to pay my deductible. But since I got the guys DL# (he didn't own the catering truck he was driving; just drove it for work purposes) and he wasn't insured, it was an Uninsured Motorist claim and I didn't pay any deductible.
I'm assuming you're a CA licensed driver and have Uninsured Motorist Coverage (which I believe is required).
Any lawyers or insurance people feel free to chime in and correct me if I'm mistaken.
12-01-2004 05:05 PM #6
i am insured in CA via/ Geico. However, Geico told me that even though the driver at fault is uninsured, I still have to pay a $500 deductible. my feel is that the repair cost won't be much more than $500 and hence, that doesn't help me much. Geico did say that if they can recover the cost from the other driver, they would reimburse me the $500. i'm just not sure how likely it is they will be able to collect??
12-06-2004 03:42 PM #7
12-12-2004 12:57 AM #8
01-14-2005 05:40 PM #9
Hindsight is 20/20, but...
You should have called the cops, which they will automatically impounded her car right on the spot and issued her a citation for driving without a license and insurance. You really don't want to take a chance on someone who has no license or insurance, and by calling the cops, you're doing other people in SoCal a HUGE favor.
Uninsured motorists insurance is not a requirement in CA, but it is definitely a good idea, especially in LA, where they said close to 40% of the drivers are not licensed/insured. In most policies, you do have to pay for the deductable that they state in the contract. For the uninsured motorist insurance on my car, I have a $0 deductable because it was only a $5/month difference from a $500 deductable.
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