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  #16  
Old 04-03-2011, 02:02 AM
alvanko alvanko is offline
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Default Re: well shit.... got into a wreck.... need advice

Unless you have UMPD coverage on your insurance policy, your insurance carrier can't help you. I work in insurance claims, and that's the way it is. If your insurance company does not "pay" for a claim, your collision coverage, they have no legal right to recovery from the at fault party. While you are not at fault, unless you paid a premium for collision or UMPD coverage, your insurance will not purse the at fault party. they can't.
That's just the way it is.
And your probably right, if they can't afford insurance, the money spent by you to sue, would be a waste of money.
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  #17  
Old 04-03-2011, 02:31 AM
Radness Radness is offline
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Default Re: well shit.... got into a wreck.... need advice

Well, I guess I stand corrected..ha!
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  #18  
Old 04-03-2011, 09:49 AM
dads truck dads truck is offline
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Default Re: well shit.... got into a wreck.... need advice

The individual who actually rented the car for the driver and her boyfriend should also be on the hook for the damage to your vehicle.

The liability coverage on their own vehicle, (which if memory serves, you have to provide proof of insurance to rent if you decline the rental insurance), should kick over and include any rental vehicle they use if the insurance isn't taken out at the time of the rental.

I know with my insurance that all my coverages automatically roll onto any rental I use so I don't have to sign up for the extra insurance the rental company offers.

Just a thought as you work thru this.
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  #19  
Old 04-03-2011, 10:28 AM
Twisty Twisty is offline
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Default Re: well shit.... got into a wreck.... need advice

I have always carried FULL coverage on my vehicles.
Over 10 years ago, I got rear-ended by an uninsured driver, hard enough to total my car and mess up my back and neck.
My agent said I would have to pay the deductible, they would sue them to recover the costs and that if the suit was successful I would get my deductible reimbursed.
Never saw a penny...
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  #20  
Old 04-03-2011, 04:20 PM
Coleosis Coleosis is offline
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Default Re: well shit.... got into a wreck.... need advice

waitfor her outside the court house and run her down in the S-10 before you fix it.
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  #21  
Old 04-03-2011, 04:39 PM
btm757 btm757 is offline
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Default Re: well shit.... got into a wreck.... need advice

I vote this is a worthy enough reason to sue someone... Stuff like this is the reason to sue not spilling coffee on yourself.

It might take a while but with her record you should win a lawsuit no problem. When I had my wreck in March 28, 2009 I didnt have everything settled until July 26, 2010. And that was settled out of court It would have been a few more months if we had went to Trial over it. I received $10K and $2500 of that went to Lawyer Fees and the other lady had to pay court costs... My Insurance also Successfully Sued her. I was suing for $15K which would have been nice but $7500 covered everything and left some play around money.


So I say do it as soon as possible. Get a good lawyer though
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  #22  
Old 04-03-2011, 06:53 PM
fstcarkid fstcarkid is offline
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Default Re: well shit.... got into a wreck.... need advice

well thanks for the advice guys. i will surly let you guys know how it goes over with the insurance company tomorrow. but im still not sure if i should sue her or not just because i might be wasting my money. and i'm still not sure if i will be getting money back from Enterprise rental. i hope i do. went to the doctor yesterday and they told me i had bad muscle spasm from the wreck. neck is still hurting today. couldnt move very much yesterday, i had to miss my high school prom because of all this bull shit! FML lol
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  #23  
Old 04-03-2011, 07:36 PM
FireRanger FireRanger is offline
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Default Re: well shit.... got into a wreck.... need advice

Suing her will get you nowhere. She will never pay you. If you were a crackhead, would you pay a lawsuit against you or pay the suit you owe? Don't waste your time and money on nothing. You auto and medical insurance should be covering your damage and your injuries. That is what insurance is for. Let them deal with it. You can ask on here all you want, but the bottom line is you need to call YOUR insurance company and let them do their thing.

Also, why would enterprise give you anything? They have no liability or fault in this at all.
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  #24  
Old 04-03-2011, 09:00 PM
fstcarkid fstcarkid is offline
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Default Re: well shit.... got into a wreck.... need advice

Quote:
Originally Posted by FireRanger View Post
Suing her will get you nowhere. She will never pay you. If you were a crackhead, would you pay a lawsuit against you or pay the suit you owe? Don't waste your time and money on nothing. You auto and medical insurance should be covering your damage and your injuries. That is what insurance is for. Let them deal with it. You can ask on here all you want, but the bottom line is you need to call YOUR insurance company and let them do their thing.

Also, why would enterprise give you anything? They have no liability or fault in this at all.
everything ive heard has been that enterprise should give me money because its their car, they have insurance on it, and there was an unauthorized driver driving it. but idk. thats just what i have been hearing.
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  #25  
Old 04-03-2011, 09:14 PM
OhioMike OhioMike is offline
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Default Re: well shit.... got into a wreck.... need advice

[QUOTE][I work in law enforcement, so let me try and help.

Tell ALL OF THAT to your insurance, get copies of the accident reports, the Officers names, etc. And tell your insurance all of that. They (your insurance) will probably take HER to court to sue HER, and whoever the car was rented to. This may take a while, but thats how it is.
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/QUOTE]+ 1 or you could try to take her to small claims court. Either way, contact your insurance and keep up with all paperwork. It will take time to sort out, but I'd be interested to hear how she could rent the car in the first place. I always have my driver's license photocopied, so Enterprise may have done "her a favor, and them a disservice", and I would think that they knowingly broke some laws. Thankfully, your injury's are minor. Things really go slow if injuries are involved. Good luck.
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  #26  
Old 04-03-2011, 09:25 PM
pooleo pooleo is offline
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Default Re: well shit.... got into a wreck.... need advice

advice.....change your user name from "fast car kid" to "kid that drives normal"

ahahahaha lol

j/k
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  #27  
Old 04-03-2011, 09:45 PM
btm757 btm757 is offline
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Default Re: well shit.... got into a wreck.... need advice

Umm Most Plaintiff lawyers only charge if you win cash... Oh and also if you win and she doesnt pay she can actually get locked up if im not mistaking. If the court tells you to do something and you dont then its off to the big house to get raped by some big guy named bubba or in her case by a woman named burtha
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  #28  
Old 04-04-2011, 04:18 AM
FireRanger FireRanger is offline
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Default Re: well shit.... got into a wreck.... need advice

Quote:
Originally Posted by fstcarkid View Post
everything ive heard has been that enterprise should give me money because its their car, they have insurance on it, and there was an unauthorized driver driving it. but idk. thats just what i have been hearing.
If that is the case, then it's likely your insurance company that will be doing the suing. The whole point of insurance is that they fix your truck and they fix you. Then they go sue whoever needs to be sued to recover their losses. You shouldn't even have to bother. But like I said, you need to have that conversation with your insurance company to determine what YOU need to do and what THEY will do for you.
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  #29  
Old 04-04-2011, 05:59 AM
dads truck dads truck is offline
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Default Re: well shit.... got into a wreck.... need advice

Quote:
Originally Posted by FireRanger View Post
If that is the case, then it's likely your insurance company that will be doing the suing. The whole point of insurance is that they fix your truck and they fix you. Then they go sue whoever needs to be sued to recover their losses. You shouldn't even have to bother. But like I said, you need to have that conversation with your insurance company to determine what YOU need to do and what THEY will do for you.
FireRanger,

If he has only liability insurance on his truck, how is his insurance company gonna help him? If he had collision or UMPD as quoted above then his insurance could be used to help him and recover the losses incurred, but with only liability, his insurance isn't gonna give him free legal advice and tell him what to do or make him whole.


As for going after Enterprise, they have a signed contract with the individual who actually rented the car. Get a copy of the rental agreement and go after the person who actually rented the car and gave it to the woman who pulled out in front of you.

To the OP, the lady you hit probably doesn't have a pot to piss in, and if she does, she wont willingly pay a judgment against her, so you will have to obtain a garnishment, (if she actually has a job), to get her to pay.
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  #30  
Old 04-04-2011, 08:37 AM
FireRanger FireRanger is offline
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Default Re: well shit.... got into a wreck.... need advice

I know. I'm just saying he needs his insurance company to tell him what they will and will not cover, especially as far as his medical bills which is far more important than his truck. A bunch of people on the internet can tell him what we all think might be the case. But until he asks his insurance company what they will and will not cover, he can't go in any direction accurately.
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