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fobz · #2 25-04-2008, 02:26 AM

A question first. When you get finance on a car they normally force you
to get insurance. Did this not happen ? You said she just paid it off.

I see it this way...
If it is his fault, then he must pay what it costs to replace the vehicle in an "AS IS"
state when the accident occured. Normally this would not be an issue because
your insurance company would chase him (and his insurance) to fix it.
Because you do not know the traps etc, his insurance company will do whatever
they can to get you to "agree" to a different settlement.
Note that this all hinges on it being HIS fault and the police report reflecting this.

Get several quote to replace the car (including all mods) back to the way it
was. If the insurance company won't budge then you will need to take them
to court, or take civil action against the driver to recover your vehicle and
costs. As you can imagine, this takes money. His insurance company knows
this and will use it against you. It may be worth contacting the
insurance ombudsman and putting the question to them.

I know someone who hit a nice merc. He did not have insurance to pay so the
merc owner took civil action and sued him for the car, and for his lost income.
It very nearly sent this guy bankrupt.

The only way you will see your full money is.
* Present insurance company with quotes for new car with mods back
to "AS IS" and hope the insurance company is nice to you.
* You take civil action against the driver to recover costs to replace
the car.

DO NOT sign any form of agreement with the insurance company. They
are in the business of making money, and will try to trick, dupe, ignore
and every other trick in the book to avoid the FULL replacement value.

I am interested to see what other say about this. I am happy for others to
point out flaws in my thoughts.

NOTE: Keep in mind that this ALL requires a police report indicating that
the other driver was 100% at fault, and she did NOTHING to contribute
to the accident.