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I was just in a car accident and an uninsured driver totaled my car. (not my fault) what legal advice can you offer me?

Denver, CO |

No one was hurt, my car was just totaled. The driver of the car that hit me is not the owner of the car. The owner does not have insurance on the vehicle and lives in Kilgore, TX. I am in Denver, CO.

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Attorney answers 3


Since you were struck by an insured driver, you have two options. (1) If you have full coverage and thus has Uinsured/Underinsured Motorist (UM/UIM) coverage, you have to file a claim with your insurance company for your property damages as well as for your injuries. However, if you do not have UM/UIM coverage on your policy, you will have to fix your vehicle out of pocket, then sue the uninsured driver to recover for your losses.
I wish you the best.


FIRST -- Provide all names, addresses, telephone numbers, etc. EVERYTHING to your insurance carrier, and preferably in WRITING (as well).
SECOND - and I am taking your word that no one was hurt, otherwise I would be saying see a lawyer, because your OWN insurance company is now on the OPPOSITE SIDE of you. They are NOT IN THE BUSINESS OF GIVING AWAY MONEY, and you will be looking to them to take your own UNINSURED MOTORIST COVERAGE and apply it to pay for the damage to your own car. They will try to minimize the loss (get your own shop estimate and a LEGITIMATE normal full scale CRASH CENTER where they routinely do these types of body, etc repairs). AND pull up and run your own car on, Kelly Blue Book, NADA, all three. If lots of damage, or totaled, then you may need to look in newspapers to find other same year, same make, same model, similar milage cars and SAVE (with date on newspaper still attached) to use in discussion with property damage adjuster. AND know your Year, Make, Model, 4-door or 2-door, all options, bells, whistles, and MILAGE. AND, if there is any previous damage, they will discount what they will pay you by that (whatever they attribute to that previous damage), as well. Finally, they will deduct your DEDUCTIBLE. And, should add taxes and tags, if totaled.

THIRD -- get on phone with adjuster with all above, and give details which you have. They will want to see your car (at junk yard? at garage? BEFORE REPAIRS ARE STARTED!!!) to do their own ESTIMATE. If additional work / damage is found once involved in repairs, they can do a SUPPLEMENTAL ON IT, but stay in tune with body shop and what is going on. HOPEFULLY you will be put in a RENTAL by your own carrier. They should.

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As I am licensed in Florida and Vermont, I cannot comment specifically on Colorado law. However, generally, if you carry collision coverage on your vehicle, that would be a source of payment for your loss. In some states uninsured motorist coverage pays for property damage. You should consult your policy and see whether or not property damage is an element of Uninsured Motorist coverage in Colorado. Failing that, you have the option of suing the driver of the vehicle for the negligence and damages he caused.

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