Need advice regarding drunk driver
 

So, it looks like my Seven is done for. I returned home tonight in my girlfriend's truck to find that my car had been hit while I was away. It was parked on the street, facing uphill, and somehow it had been pushed up onto the sidewalk. The front left hand side of the car is smashed in -- driver's door barely opens, headlight winks.

Once again: the car is done for. Steering is shot, I can't get into it, and body work would cost more than the worth of the car (*sob*)

A bit more background... there was a note on the windshield from the driver with her phone number, and another note from my neighbor with her license plate num (etc). I called the local PD to file a police report, but they said that I didn't need to. No police were present to see that she was drunk, so she won't be charged. She left contact information, so it wasn't a hit and run. I'm told that I just need to call my insurance company with her information and let her take it from there.

AHHH the sticking point. Here's where my need of advice comes in.

I'm not insured, as the car isn't my primary form of transportation. Yes, I do occaisionally use it, but shame on me for that. Here in California, that's not an option. I have a car, so I should have an insurance company who should handle this for me.

What should I do? Go to an insurance company? Hire an attorney? I'm not really sure what the best course of action is. Maybe I'll post pictures of the poor thing in a crash thread... sigh...

The police have to file a report no matter what, that is rule number 1.

That is correct and you need to file a report with the dmv. As long as there is no frame damage the car is repairable. Since the car was not being driven by you just state that the car is under repair for other reasons and it does not get driven because you have no insurance. Going to a insurance agent will not gain you anything.
File your report with Dmv and make the police fill out a report, it's the law when there is an accoident involved and the damage is more than $500. post some pics so we can see the damage. More than likely it can be fixed with no problem. Let us know if we can help.
Atleast she had the decency to leave a note. You need to get a couple of estimates from good body shops so you can present them to her insurance company.

I found that bit confusing, you're not insured but the car is?

police don't have to file a report. Get her insurance information. Contact her company directly and tell them you are filing a claim against them. They may ask for the police report, but if there was none, then it won't be an issue. You can simply show her note and they'll be able to see she was at fault anyways since it was a parked car. You need to start looking in your area as well as places such as the Auto Trader and Auto Mart Magazines to get the "Fair Market Value" for your car. Also look up the NADA/Blue Book Value. Add up any reciepts/prices for any hop-ups you may have on the car or any recent work to add to the value. You need to have all your info ready to slap her insurance company in the face so they know you're not dicking around and to resolve this quickly. Also, have pictures of the car's prior AND current condition to show the adjuster when he shows up and to file in their own records. . . .

sintri: neither the car nor myself are insured.

as far as the police having to file a report: I spoke to a representative at the local SDPD branch, and she said that a report -would not- be filed unless there was an injury involved or drug/alcohol use. (funny, since witnesses report that driver was drunk.)

appreciate the advice re: filing a claim. I'll look for quotes on body work. The concerning part is that I can turn the steering wheel full circle, but the front right tire doesn't move. In my mind, either being pushed up onto the sidewalk violently damaged my steering mechanism, or the wheel is -stuck.-

I'll post pictures of damage as soon as I can find my camera cradle.

I have 3 FB's in my driveway right now. 1 I just drove into work. One is an immaculate southern car that needs TLC. Another is clean and solid, but may never see the road again. (Then there is my 91 JSpec 13BT black-on-black FC... mmmmmm)

My point: GET ANOTHER ONE!!

Jon

Like they said. call her insurance and file a claim. They will send out an adjuster to look at it he will make you an offer. Ask to keep the car. Totalled they will offer $1500 and take off $100 for you to keep the car. You can nogisate these prices.

And make sure they understand the real value of these 20+ year old classic cars that we 7 owner's keep it top running and cosmetic condition. When my 84 GSL was rearended by an interstate chain reaction that was started by a trucker, I immediately obtained his insurance company from the police report and contacted them, then sent a detailed letter listing all the recent work and providing several recent photos before an after the accident.

The insurance appraisor came to visit and told me that they would probably total the car and pay 75% of the blue book ($2200 at the time, so I'd get $1650 and I would loose the car). The body shop estimate was $2400 so I got pretty worried and totally went on the offensive. I explained in my letter and over the phone to the insurance agent that it would cost me at least $3,800 to get another RX-7 in similar condition. It worked, they sent me a check for $3800 and also picked up the $400 car rental bill for a week. The best part, the insurance agency did not "total" the car and I got to keep it. A bit of body work and I had it back on the road (see below).

I used $1,600 of the payment to buy an 85 GSL, which was good for more than 50,000 before it got clobbered by a buick and became parts car. That's when I did the body work on the 84 GSL and got it back on the road. So I ended up making a hefty profit on the deal, all because it was clearly the other driver's fault and I was proactive in representing my case. See pictures of the damage and repair at:

http://www.cardomain.com/ride/479957/13

Moral of the story: Go on the offensive, be aggressive (but polite) with the other guy's insurance company and be proactive, lot's of photos, documentation, personal perspectives (like "I do all my own work so you are not even seeing the labor charges in the estimates I'm providing") and daily phone calls to the insurance agency.

Good luck, let's see the photos!

Ray