I don't think she is obligated to provide you with a rental. She would only be liable for the damages to your vehicle caused by this accident.Either a new bumper or a repair to the bumper.

Yes she could have gotten estimates based on the make model and year of your vehicle assuming the damage is only to the bumper.

Don't you carry uninsured motorist coverage?

Oh, Nan, I am so sorry! I hope you get all fixed up, since she didn't have insurance, I think she earned those tickets. Good luck getting it all settled, it'll be a minor miracle, I guess.

Woody got smacked by a lady once who had turned around to talk to talk to her baby and hit him as he was stopped at a stop sign. Her DAD sent him a check to cover the damage, to keep her insurance out of it, but at least she had some. She did get a ticket, though. Good luck, glad you weren't hurt!

bummer!

Sorry you have to go through trying to get someone who's irresponsible to pay for damage they did to your car. What a pain in the butt. I'm not so sure about providing the rental car, though.

Nan,

There is no way that a body shop can give an accurate estimate on a vehicle that they have never seen.

Another thing, once they get the bumper off, there could be more damage underneath, this could mean more time in the shop.

If you have another car to drive, I wouldn't push the rental car issue. If you really do need it, she needs to pay for it. Keep in mind that you will have to pay for it, and get reimbursed from her. Same thing for the repairs. Most reputable body shops do not accept third party checks.

Don't let her talk you into going to one of the shops that she picks. You have the right to pick the shop of your choice.

Good luck. It's a hassle for sure.
Rita

Last year, we had an accident and the driver did have insurance and their insurance paid for us to have a rental and turns out the repair shop had to order a part and we had a rental for 12 days. Not standard(the 12 days), but I haven't ever known of anyone getting the car fixed and not having a rental....

With it not being your fault, what are you supposed to do for a vehicle when yours is being fixed?? Around here, that is pretty much the normal thing......

Yes, we do carry uninsured motorist coverage..I guess its just the principal of the thing..But,I am trying to give her the benefit of the doubt...Hopefully, she will step up and do what is right here.(I will double check on the rental)--so we'll see.

There is no way that a body shop can give an accurate estimate on a vehicle that they have never seen.

Another thing, once they get the bumper off, there could be more damage underneath, this could mean more time in the shop.

Ditto to every word. You nor she can look at your car and determine what is damaged. It can look like only the bumper, while that whole side could be knocked out of whack. There's almost always more damage than there appears.

However, don't have her reimburse you for anything. Get your money up front. What is there to make her ever pay you back? If waiting for her to pay to get it out of the shop, your car could be in the shop for goodness knows how long. Honestly, I don't understand her agreeing to this. She couldn't pay insurance. How can she pay these hundreds or maybe thousands of dollars? Get your money up front if it is forthcoming at all.

Glad you nor she were hurt though.

nan, sorry about your mishap.

in actuality, if you were to put this through your own insurance company and have them take care of the appraisal and pay you for your damages (less your collision deductible). the would subrogate against the wrongful party for the full amount of damages. if you didn't have rental coverage under your auto policy, then that would be an out of pocket expense. some comapnies as a service to their customers, will include that amount in their subrogation demand. .

i would suggest you get a third estimate. maybe a hassle, but...then take an average of the three and that's what she should reimburse you.

i would pursue her on the rental. if she was insured, her company would accept that portion of your claim if it was deemed she was negligent for the incident. the would pay you the rental rate per day and tax. no insurance, no collision damage waivers, nothing extra. they must also provide you with a like vehicle. if you drive an SUV, they can't shove you in a compact.

what kind of car was she driving ?
does she live in an area where she "should" have insurance?
is she just irresponsible or is her reason legit?

take those factors into consideration, especially if you are going to handle this on your own.

good luck
maryanne

Have you contacted your insurance? Do you pay for uninsured motorists? I do, and I've used it. My insurance premiums did not go up since I was not at fault. My car was beautifully repaired. I didn't get a rental, since at that time I did have another car to drive, but I'd sure get one now if I needed it.

USE your insurance company - that's why you pay those premiums! Do NOT count on the uninsured driver! She has no money! If she did, she'd have insurance.

I'll say also - the DH was totally against using our insurance to get the car towed to the body shop - lots of wringing of hands, woe is us, the premiums with go up!

None of that happened. We're good drivers, no accidents for 25+ years with the same company. I just snorted at him and asked "Why the hell do we pay for insurance if we don't get to use it when someone hits us?" they were out in an hour, towed the car, and it was fixed in 3 days.

I agree....contact YOUR insurance company....they will try to collect from her....better them than you. Hopefully, you live in a state where insurance is mandatory and her license plates could be in jeopardy if she doesn't pay for your damage. Your insurance company can make that happen. YOU are very very unlikely to get a penny from her on your own. Most of what the nice lady has told you is probably a lie...including the fact that she priced it out differently. That sounds like a bluff....ask her WHERE she called. She doesn't want to fork out any money for insurance and won't fork out any to you. There is a time limit for reporting it to your own insurance company in order to get paid. If you're lucky, she MIGHT come through with the deductible.

Maybe it depends on the insurance company or where you live. I had three accidents in 10 years. None were my fault and the other driver received a ticket each time. Two police officers in their squad car witnessed one of those accidents. Got out of their car, called the guy an idiot LOL, took our report, and wrote him a ticket . My premiums always went up. Had AAA.

I agree with the others. Since you have uninsured motorist coverage you should utilize it.

Also remember once you accept ANY payment from her for damages you cannot go back and ask for more later.

I live in a state with lots of uninsured drivers. It is common practice for them to offer a monetary sum even at the scene. Once you accept you've sealed the deal.

Sorry that you've had this hassle to cope with, apart from the expense.

Around here, we have no fault insurance.

When I was in an accident and not judged at fault, my insurance paid for the write-off of my old car ('93 Ford Taurus). Paid me about what I'd bought it for, about 6 mos. previously.

When I (evidently) ran the red light, as I was found to be at fault and ticketed, there was no compensation ... I had to suffer the loss of my car. Actually, I fixed it, at larger cost than it had cost me to buy it, about 6 mos. earlier, as it appeared, at about 120,000 mi., to have potentially quite a few good miles left in it and it seemed a waste to scrap it, though it was close to 20 years old. It costs a great deal of precious energy, plus adds to not only pollution but to global warming as well to build a new car for me (or the portion of its life that I'd use in an older model).

Even if she had insurance, if she had no driver's licence, they likely would not have covered, in any event. The owner of the car had responsibility to ensure that only licensed drivers drove it - apart from it being stolen.

When my friend the milk man wanted to go on holiday, with his son to drive the route, son had to upgrade driver's licence from, supposedly, permission to drive truck to one with air brakes.

There was ice in the home when I visited, as it appeared that the son had only licence to drive a car, the Dad had given him the devil, the Mom was angry at Dad for hurting her son's feelings ... and found it hard to get her head around the fact that every time the son drove that truck out the lane unaccompanied by a properly licensed driver, he put at risk everything that they owned ... as the insurance company would not have covered any trouble.

Actually ... I upgraded my truck licence to coverage for air brake and rode around sitting beside the son as he did the driving, or I drove the truck myself.

ole joyful

Before you file a claim with your insurance company, contact the state insurance dept to find out your options. In Alabama, an accident report has to be filed with the state. The police officer files the accident report where there is a record of that too. Perhaps the officer gave you the form to file with the state or instructions of what you are required to do according to state law.
Depending on your insurance company, uninsured motorist does not cover the vehicle, only possible medical expenses or accident related expenses. The vehicle would be paid under your collision coverage and as a not at fault accident may or may not waive the deductible.
You will have to get your policy out and read the uninsured motorist coverage section. You can ask your insurance agent but once he has knowledge of an accident reported to him, he is obligated to make record of it on your file with a follow-up to find out the outcome.
All states have different but similar laws and insurance companies sell a variety of policies. I just hope it works out for you.
Lynn

Your insurance company needs to be doing all of this. I wouldn't contact the lady again just turn it over to your company.

There's no way I'd even attempt to handle this one myself. The woman who hit you is the classic case of someone who is going to try to weasel--she's already following the pattern.

You are entitled to have your car fixed, by the shop you choose, NOT one she chooses, and generally, you're entitled to a rental car for a reasonable amount of time (in dd's case, she got one for 10 days).

Call both your insurance company and lawyer, and let the pro's take care of this for you. You'll save yourself a LOT of hassle, and probably end up financially much better than you would on your own. Good luck.

And to add another twist to this...DH's pickup was parked on the street. Neighbor came home..trying to back camper into the driveway. Hit DH's pickup. Neighbor said he would pay for damage. DH gets estimates. It was not what neighbor wanted to pay. Said he would turn it into his insurance. Never did.

We turned this into our insurance co. They basically beat around the bush...never did much of anything. Said the damage wasn't enough to go after neighbor. Did reimburse DH for a fraction of the damage, saying that trim that was damaged was an add-on(if so, wasn't us that added it)and that we also had to cover deductible. So basically DH got screwed from neighbor and insurance co. both.

It can look like only the bumper, while that whole side could be knocked out of whack. There's almost always more damage than there appears.

This was the case the time I accidentally hit someone from behind (not going fast at all--stop-and-go traffic, and I thought he went, so I did).

We offered to reimburse him directly, to avoid our insurance company, and he got an estimate. When I went to pay him, he told me the shop had discovered more damage to whatever it is that attaches the bumper (it's designed to crumple deep inside, to keep people safe). They charged him the same amount, but it took longer.

Sorry, I worded mine wrong. I didn't mean to imply to just tell her after that fact how much everything was, just that the body shop will probably not accept her check, that you should get a finalized bill from the body shop and get the money from her. The shop will not release the vehicle without payment. Same with the rental.
I know it is not fair to have to go thru your own ins. co. since it was not your fault... but it can be a lot less hassle.
Rita

thank goodness it was minor and you wern't hurt...the 16 yo bimbet that hit my cousin (he was on his motorcycle w/helmet at stoplight!), her father was totally un cooperative, and being the person my uncle is, he didn't pursue it...

my coz bills are mounting (now) close to 2-3 million...(closed head, loss of part of his leg...)

this lady has nothing to loose and i'm afraid you're going to be old and grey before you collect a dime...

I talked to my insurance agent this morning. He advised me to let my uninsured policy take care of this. My deductible will be $200.00. And I can get a rental also.

I did ask if my premiums would go up and he said make sure you clarify the other driver has no insurance.....and hope for the best. He couldn't actually say for sure:(

He said my insurance co. would probably not even bother with her because it will be less than $1000 to clear this up and if they tried to go after her- already we know she has no money so they won't get anything anyway. The state can take her Driver's License---whhooo hooo Guess what she doesn't have one anyway......LOL(trying to have a sense of humor here:)

So- I said "She just gets to walk away?" He said well not really because those 3 tickets will be about $2000 and they will NOT let her out of those(not the no driver's license and no insurance anyway)

He mentioned the officer was really nice because not having insurance "Can" get your car impounded! because its state law to have insurance.

After all that with the agent- she calls me out of the blue and says she will review the estimates when she goes to work tomorrow(she had me fax them to her work site) and would let me know something then....Oh yeah I'm holding my breath on that one!!!!!

DH is at work and I will discuss this with him when he gets home..update ya'll when I know what I'm gonna do.

Thanks for everyone's helpful advice and stories!

From my past experience, I would let your insurance handle it and if for some reason your rates go up contact your state insurance commissioner.
Do not comunicate with her at all. We tried this and ended up being sued big time.
Just tell her your insurance is handing this. Also if the repair is over a certain amount, (check your state) you are both required by law to file a report. Here is 500.00, I think.
Sorry about this, and glad no one hurt.