Was in an ironic accident last night-collision/legal advice needed *long post*

[F8Lstang]

ok where to start. Last night I was driving home from dinner when a dude in a camaro made a quick left turn right in front of me. I hit the brakes but it was way too close and I slammed into his passenger door at around 35mph. the airbag deployed, probably saving me from a broken nose or worse. instead I opened the door, put on my shoes (I always take my sandals off to drive) and walked away. I pulled out my cell to call 911 when a cop ran over. Apparently he had been doing a speed trap at the intersection in happened and witnessed the whole thing. Here are some pictures, first is the car I hit, next two are mine

I got the hood opened this morning, everything looks ok actually, there is like a 1/2 inch gap between the front of the engine and the radiator/bodywork got pushed back to:

So here is the issue: The guy driving the camaro had no license/insurance/tags on the car. I have full coverage including uninsured drivers. Should/can I take him to court for the repair costs even though my ins. company is still footing the bill? If they total it, which they may considering all the body damage+airbag going off, what then?
Of course this had to happen two days before spring break, during which I had taken 4 days off work to install stuff on the car :-\

 

[five_o_stang]

that sucks
I've had some conversations w'/ my insurance agent about this before...basically he said that the insurance agency foots the bill and then sues the driver. If you so the driver there's not telling how long it'll be before you actually see any cash...so it's probably better to go through the insurance agency and let them deal with it....however.....make sure you get EVERYTHING in writing...I had a lot of crap to go through w/ someone else's insurance agency before and if I hadn't documented all my notes then I would have ended up w/ less money....so just make a record of anything that transpires and you should be good to go.....sucks about your car....if they total it....then make sure you can keep the car and you can use it as a parts car for your NEW (used) 5.0. Good luck....hope everything works out alright

 

[MYLX5.0]

Damn that sucks. I cringed when I saw the first pic of your car. It kinda looks like a lot of damage and if they only give you the Blue Book value, you'd get seriously screwed.

 

[leakyfaucet]

That sucks! Sorry about your luck. If they total it, what are you going to do? Be sure to show them and be able to prove every mod you have so you can at least get some money back. Either that or ask them if you can take the parts you want off.

 

[F8Lstang]

Damn that sucks. I cringed when I saw the first pic of your car. It kinda looks like a lot of damage and if they only give you the Blue Book value, you'd get seriously screwed.

Update: they take a sample of all the similar cars (year/bodystyle/mileage) sold in the last few months to determine value. hopefully that will work in my favor. They do sue the other guy since he had no insurance, and said that 1/3 cases will result in money for the insured, hopefully the fact that he also had no license will help the case. They also cover any mods I have receipts for, which is all of them

 

[88gt]

When my first mustang got totalled, basically the same type of collision, the other driver didn't have insurance or tags either..here in Oklahoma, the "victim" can call the DMV (Department of Motor Vehicles) turn in copies of the police report and sign a few papers to have the "offenders" (moron with-out insurance) drivers license suspened for 7 yes...7 years or until they make the the situation right with you. It's a bit confusing..but, to me it's worth it.

I noticed that you already said he had no license..filing the paperwork could keep him from getting it for a while..
no license=no insurance, no insurance=no tags, no tags=not suppose to be driving..

Sorry to hear about the bad luck with the PETER PUFFER..
Jim

 

[bmorrisj]

you can most likely buy the car back for a couple hundred bucks, thats what happened to my friends stang, his whole front end got shifted to the left, enough to break off the smog pump....the insurance co. bought the car for 5000 and he bought it back for like 300 something.....

 

[88stangmangt]

wow hopefully get some cash to fix your car outtat this. I have a story to hopefully shed some light on you.A buddy of mine at work had his 19 vietnam (1988) crx "bumped" into on the door made a dent (we park in the ally behind work) by the cleaning lady for verizon wireless and she took off some one got her tag ID# he called the cops turned her in let her go without charge's. tried to do it with her the easy way and have her pay 600 outta her pocket for the body shop to fix it(needed new door/paint) she tried to jew him down and pissed him off so he called her insurance company they came out took a look at it. later that month he get's a ceck in the mail for 1,200 who has the last laugh now? he pocketed the money and im sure she pays outta the ass now that they raised insurance.

 

[90mustangGT]

Urrr... I have to say I feel your pain. Please tell us that the guy driving the other car at least got arrested. There is a reason that idiot didn't have a lisence. The one time he gets into his car he wrecks, and has to wreck a foxbody of all cars. I know here on GA, he would be in a deep pile legal junk.

Claim that your hurting, and sue the crap out of him. He deserves it. What happened wasn't an accident, that idiot knew he had no buisness in a car, and got into it anyways. Your not commiting fraud because I am sure that hurt, it had to, you may not get a whole lot, but it will be something.

That is one ugly Camaro. 3rd gens are ugly in the first place (not all, I have scene some nice one's but far and inbetween) but that one takes the cake. I am glad you got one POS off the road. Yours can be fixed, a little straightening and a new radiator support and exterior panels, lights and bumper and your back good as new, that Camaro is dead. Just wondering, did the moron in the Camaro have a mullet by any chance? That thing screams mullet.

 

[Michael Yount]

First, if you need legal advice, you should talk to a lawyer. The 'legal' advice you're getting on the forum is worth what you're paying for it. I expect your insurance company will sue him to try and recover the costs they're out you. File a claim and let them estimate it - see what they say. You're under no obligation to settle it with them. As for sueing him - you have to pay the costs for the lawyer to do that. And if he didn't have tags/insurance/license - whatever, his pockets aren't going to be too deep more than likely. Sue all you want - it'll cost you the lawyer, and if doesn't have anything, you won't get anything. Go slowly through the process - you may come out with more from your insurance company than you think. I suspect if you need a lawyer in all this it'll be to make sure your own insurance company is doing the right thing by you. Good luck.

 

[bad89pony]

thats bad I know how everyone loves their ponys.I would let my insurance pay for it and let them sue the camaro driver.need to fix that car.

 

[IMissMy93Fox]

As far as the car getting totaled... when mine got stolen i got almost 8000 for it and only paid 5500 so it might work out for you. Good luck, I'm glad you're alright.

 

[Michael Yount]

By the way, I don't see the 'irony' in the accident. In my mind, an ironic accident would be a Scotsman rear-ending a shephard.

 

[Bunkins79]

Sorry about your car, that sucks... Been there before, a chick ran out in front of me and I T-boned her.... I had just got the car on the road too, after dropping in a fresh 306, along with rebuilt T-5, new interior, the works... Paint was original, no scratches, no dents, flawless.... I took very good care of this car, it looked totally original, a sleeper basicly.... On the road for 2 DAYS!! Driving around breaking it in so I could run it at the track that weekend... And totally smashed the front end.... Insurance totalled it, was only going to give me like a grand maybe.... Once I found that out I asked them to have a clasic car apraiser stop by and look at it.... Insurance wrote me a check for 8 grand on the spot. I bought it back cheap! Dont remember how much, but it wasnt much at all.... The guy looking at it, said he thought he was coming to look at a POS, since most 79 Mustangs are not taken care of, most already turned into coke cans. Once he saw the car that changed his mind real quick. Thats what most insurance companys think when they hear of a car that old, so you need to have someone look at it, that thinks otherwise and will see otherwise. This was 6 yrs ago probably, it was not a classic then, so I bet you can do the same depending on the insurance company..... Good luck, hope it works out for ya...... It hurts though, your baby getting smashed like that, but thats the risk we take everytime we get on the road.... Get it fixed, and you'll appreciate it even more... It's worthless in other peoples eyes other than for parts, and thats a terrible thought when you've put so much time and effort into it....

I'm building mine back up for the 2nd time, it's had 3 interiors so far, 4 engines, several trannys, the list is huge... Been in my family since day one... I wouldnt give this car up for nothing, how ever much money it takes, is what I will spend..... Everytime I see the car it brings back memorys, and a smile comes to my face......

 

[steve1676]

I am an insurance agent so i have a pretty good idea of how these things work. first off if you have full coverage and uninsured motorist pd, and the accident isnt your fault, which it doesent sound like it is, you wont have to pay $1.00 out of your pocket to repair or replace your car. Let the insurance company deal with getting the money out of the other driver, but if he had no money they will probably just take the loss. if they total your car you can usually buy it back for 10-20% of the vehicle value. go get a stock stang or a rolling shell and put all your goodies back into it!!! if you have any other questions feel free to ask me. also if you were hurt and need to see a doctor your insurance company will pay for that too as long as you have umbi, upto the policy limit

 

[shawnster]

Did you have your car towed to your house? I hope so..because if the insurance company does total it out, you will pay at the a$$ to get it out of impound..those guys love when wrecked cars come in because they will tell you, "your impound fee will be $800.00 or you can just sign over the title to us and we will call it even" those guys are crooks!! I hope the insurance company takes care of you!

 

[baglock1]

Nothing much to add to this as it seems that everybody else is covering what i would have said. My one comment is that with a beat up Z28 like that, the guy had to have had a mullet.

 

[QUICK91LX]

when my 89 LX got totalled in december, GEICO (the insurance of the old dude that caused the accident) did their little survey of what cars similar to mine were selling for and they picked out 5 1989 mustangs, unknown if they were GT's, LX 5.0's or LX 2.3's, which were all under $3000, and then gave me 2100 for my car...it was such a load of crap with no returned phone calls and no negotiation even possible...GEICO SUCKS!

but hopefully your insurance company does better for you, sound like with full coverage and everything, it will work out better for you than it did for me. good luck!

 

[Mustang John]

Sorry to see your ride wadded up bro... That thoroughly sucks...

My insurance company took a vehicle of mine that was hit by a left of center driver to "estimate" it, they called and said it was totalled, and I planned to buy it back. I went within hours of their call to get the goodies out of the car. When I got to the storage lot, which was a wreckingyard, the dash and interior was already gone, along with the new tires, stereo, alarm system and a lot of bolt on engine components. Since the car was totalled, and my insurance company owned essentially the car, there was little I could do.

I was younger and maybe not so savvy. But, watch things closely as they unfold. Especially with such a nice car that is becoming a somewhat rare to find model.

 

[Mustang5L5]

Don't let that car out of your site. Most likely it's totalled and if you want anything off it you need to take it off now.

Personally i would look into getting a clean 4-banger LX and just swap everything over.