Hit by car not owned by driver - CA

[AM1980]

I am in SoCAL. Recently when taking a legal U-turn on a local street (there was separate lane to turn left/U-turn, no "no U turn" signs and traffic was sparse...no approaching cars for a long way in opposite direction so I had clear right of way). The cross street had a stop sign and I noticed a car approaching the stop sign. Knowing I had clear right of way and since I was already turning (as mentioned he had a stop sign), I continued the U-Turn.

The other driver, distracted (on his phone and looking only the other way for approaching traffic) did not see me and rammed into the middle of the right/passenger side of my car (front left bumper hitting the middle portion of the right side of my vehicle). We parked...he came out apologizing and that he had to call his dad (it was a young fellow). Dad arrived and immediately started playing evasive. I got the boy's DL and insurance info...the dad kept telling him to drive away and I sternly told them not to do that. I called 911 and they said unless severe medical emergency exists we can just exchange docs/info and move on... called non-emergency police line and they said the same.

So I took the boy's DL info and their insurance. what struck me was the insurance did not have the specific car listed (the one he hit me with). that made me concerned so I called their insurance provider. I got an associate who confirmed even though vehicle was not on the insurance card, all their family members were and therefore coverage exists but can truly be confirmed only by the adjustor. With no other option, we just exchanged info, I took pictures and left.

Now after filing a claim with his insurance provider, I am told after two weeks that his (young driver and dad) insurance can only be secondary since the car was not owned by them. Their car was under repair so it was a friend's car. So a claim has to be filed with the insurance of the owner of the car (who I have no idea as I only got details of the son driving it... they would not share their phone details so I cannot get a hold of them now to get the car owner's insurance info). So basically his insurance is washing hands off saying if the car owner's insurance would not cover the damage after investigation, then they come in. I am now stuck with no info on the car owner's insurance or any contacts from their side except their insurance company who is non-cooperative.

I opened a claim with my insurance provider to record the event. Based on my account may adjustor said surely there were at-fault and she would call the driver and send them an at-fault letter. But I have only liability insurance on my vehicle so my insurance's adjustor says as long as there is no liability claim from other side (no claim filed by other party that I am aware of), they can only ask the culprit driver or their insurance adjustor for info but no guarantees.

This is very frustrating.

1) Can I get my insurance provider to help go after the other party (I am sure there is a way to get the culprit driver's contact or the car owner's contact and insurance info?).

2) Should I file a police report citing the culprit driver and father willingly gave me false insurance info? And now without the car owner's insurance info I cannot do anything.

3) I have pictures and the position of damage on my car plus the fact that he had a stop sign is the proof I can use but otherwise it is my word against his regarding the incident. Is one option to go to small claims court with the photos and the letter from my insurance adjustor calling them at fault?

I am a bit lost and frustrated with this situation and would appreciate any guidance.

 

[fed up]

Your carrier owes you nothing in the way of help because you are not paying premium for collision coverage. I will assume you have the name and address of the driver. Have your attorney send a demand letter along with the estimate for repairs. If that fails pay to have your vehicle repaired and sue the other driver.

 

[fed up]

1 more thing. Get ready for the other carrier to assign a contributory percentage to you since you have an obligation to make sure that the roadway is clear regardless of the "right of way". Depends on the carrier and the state but they could find you 50% liable in which case you get paid 50% of the repair

 

[Allen Trent]

appreciate any guidance.

Have you spoke with your insurance agent or are you your own insurance agent & bought online/direct?

 

[AM1980]

Your carrier owes you nothing in the way of help because you are not paying premium for collision coverage. I will assume you have the name and address of the driver. Have your attorney send a demand letter along with the estimate for repairs. If that fails pay to have your vehicle repaired and sue the other driver.

Thank you for the feedback.
1) The one challenge I have is to find the car owner's insurance to file a claim there as per the driver's insurance company recommendation. I was checking California DMV website and there seems to be a form to request insurance info in case of legit auto accident cases where only license plate info is known (and driver info..in this case driver was not owner). I was wondering if that is one option (request insurance info from DMV and file a clam..might take days to get the info).
2) Noted your point about sending lawyer's notice to driver. I do have their information.

 

[AM1980]

Have you spoke with your insurance agent or are you your own insurance agent & bought online/direct?

I bought through an agent. Good point. Let me check with the agent. So far I have spoken only to the adjustor assigned to the claim I filed with my insurance. But that has not been of much help ...obviously seems so because I do not have collision coverage for my vehicle that was involved (only liability). But I have all other insurance that I both through this agent (including umbrella insurance, property ins etc) so I'm kinda surprised my insurance can also wash their hands off completely and not represent me just because I do not have collision coverage on one vehicle.

 

[Allen Trent]

so I'm kinda surprised my insurance can also wash their hands off completely and not represent me just because I do not have collision coverage

the insurance carrier cant represent you as they are not attorneys. they can only provide coverage when you have purchased coverage that would be in play in a given claim situation. If they were to assist you or provide coverage you didnt have because you more policies or pay more they could be in violation of state laws for discriminatory practices of not treating all customers the same according to the policy language.

when you chose not to carry comprehensive or collision, you were basically saying "I choose to self insure & choose to be responsible for chasing down other at fault parties who I can sue to pay for my damages"

Maybe the agent has some ideas on how to obtain info on the owner. Depending on the amount of total damage, you likely can take the driver to small claims court also to pursue that route

 

[adjusterjack]

I noticed a car approaching the stop sign. Knowing I had clear right of way and since I was already turning (as mentioned he had a stop sign), I continued the U-Turn.

The other driver, distracted (on his phone and looking only the other way for approaching traffic) did not see me and rammed into the middle of the right/passenger side of my car (front left bumper hitting the middle portion of the right side of my vehicle).

There's another version of that story. He stopped, saw that you were stopped, proceeded and you suddenly pulled out in front of him. That makes you at fault.

Your word against his. No witnesses.

I am told after two weeks that his (young driver and dad) insurance can only be secondary since the car was not owned by them. Their car was under repair so it was a friend's car. So a claim has to be filed with the insurance of the owner of the car

That's true.

I am now stuck with no info on the car owner's insurance or any contacts from their side

Go to your nearest police precinct, fill out an accident report. As long as you have the license plate number, the police should be able to get the owner's information for you.

Based on my account may adjustor said surely there were at-fault

Her opinion based on your account is meaningless.

Can I get my insurance provider to help go after the other party

Out of the goodness of their heart, maybe, but there is no legal or contractual obligation to do so and they probably won't.

Should I file a police report

Yes.

citing the culprit driver and father willingly gave me false insurance info?

Be careful you don't reach a level of actionable defamation. They didn't give you false information, they gave you their information, which was all true.

Is one option to go to small claims court

Yes, that's one option.

the letter from my insurance adjustor calling them at fault?

That letter will be useless to you. Probably would be inadmissable as hearsay and she didn't see the accident.

Have you spoke with your insurance agent or are you your own insurance agent & bought online/direct?

You seem to be implying that having an agent gives someone some sort of divine protection when a claim occurs. It doesn't. When a claim occurs there is no more of an advantage having an agent than not having an agent. It's the claims department that holds sway. Though I admit that agents do have their uses sometimes.

Have your attorney send a demand letter along with the estimate for repairs. If that fails pay to have your vehicle repaired and sue the other driver.

Good idea. A lawsuit against the driver is likely to elicit cooperation.

I bought through an agent. Good point. Let me check with the agent.

See if your agent can run the license plate. Beyond that, you're pretty much on your own.

I'm kinda surprised my insurance can also wash their hands off completely and not represent me just because I do not have collision coverage on one vehicle.

Then you really have no clue about how insurance works. Read your policies. You bought what the policies say you bought.

 

[Allen Trent]

You seem to be implying that having an agent gives someone some sort of divine protection when a claim occurs. It doesn't. When a claim occurs there is no more of an advantage having an agent than not having an agent. It's the claims department that holds sway. Though I admit that agents do have their uses sometimes.

No, I am just saying an agent receives renewal commissions to service a policy. Assisting clients to navigate damage whether covered or not should be what a good agent helps client understand & navigate. Never implied the agent can get a claim paid, but they can help people going through something learn from their prior experience in similar situations. This is what separates good agents from the bad or the online companies

 

[fed up]

No, I am just saying an agent receives renewal commissions to service a policy. Assisting clients to navigate damage whether covered or not should be what a good agent helps client understand & navigate. Never implied the agent can get a claim paid, but they can help people going through something learn from their prior experience in similar situations. This is what separates good agents from the bad or the online companies

any agent worth his salt would say, "I am sorry Mr Jones, you don't have collision coverage on that vehicle. There is not much i can legally help you with. However, get an estimate and send it to the driver along with a demand letter, One from an attorney works best. If there is no response, get the car fixed and take them to court. But know this, it is your word against theirs and you had an obligation to make sure that the intersection was clear, especially if you were making a U turn. the other driver may have thought you were making a left turn through the intersection and this could come back as you at 100% At Fault."