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I'll add that the poor fellow(Car#1) racked up quite a bill for vehicle storage...(whilst he awaited the (alleged)insurance to be worked out), in the neighboorhood of $5000 I'm told.. Sad to think he'll be on the hook for that bill, for being hit by another driver...AND no reimbursement for his totalled car..
~sigh
Rgouette, sorry to hear about your daughter's fiance's situation. I'm a licensed agent in Oregon, so I don't know the exact laws in Maine, but I have been in a nearly identical situation here. I was hit by a guy who provided bogus info, and then it turned out he didn't even have insurance when the police got there to investigate. I filed a claim with my insurance, but my policy had comp, collision, uninsured motorist, etc. The downside is my physical damage carried a $1,000 deductible, which I had to pay.
My car got fixed, and my insurance paid my hospital bills. Still, unfortunately, the kid who hit me was 20 years old, had no insurance, and his only asset got totaled in the accident. My insurance company tried to subrogate and recover their costs and my deductible from the at-fault driver.
In your daughter's fiance's situation, he could try to take the guy to court, but even if he gets a judgment in his favor, there's no guarantee of getting anything paid out. As adjusterjack pointed out, the best course of action would have been to file a claim with the at-fault driver's insurance company right after the accident. You could still try this avenue if you have the driver's insurance info, as it sounds like the vehicle was listed at the time of the accident.
My dad used to have a good saying for these situations. Was it worth the meager amount saved not to carry comp, collision, uninsured motorist, etc.? That's the tuition cost; he will pay the costs associated with this accident and hopefully reconsider his insurance coverage. Was there a lesson to be learned from this situation? I think so.
I would highly suggest having him seek a competent insurance agent who can help him have his coverage set up correctly, so he never has to endure another headache like this in the future.