Q: Do I have any recourse and do I need a lawyer?
I was hit by an unlicensed, negligent minor and my car was totaled. Fortunately I wasn't injured but the car that I have been investing in for the past 3 years is a total loss and now not only am I out a vehicle I'm out that 3 year $11,000 investment. First how do I get the other person's insurance company to provide a rental car and do I even have a chance to recoup some or all of the value or investment into the vehicle?
if you are sure you are not injured, then you can contact the ins for the other side.
they may balk since the car was driven by an unlicensed driver.
your easiest avenue would be to present a claim again your own policy...to the extent you have coverage. Then your ins co will subrogate against the other co.
if you are unsuccessful, you can sue in small claims court for up to $10k. If your loss was $11k, you would have to waive $1k. Then your challenge will be to collect on the judgment.
Tim Akpinar agrees with this answer
If you were hit by an unlicensed, negligent minor and your car was totaled, you may have recourse to recover some or all of the value or investment in your vehicle. In general, you will need to file a claim with the other driver's insurance company and provide evidence of your damages.
To get the other person's insurance company to provide a rental car, you will need to make a claim for "loss of use" damages. This type of damage covers the cost of renting a replacement vehicle while your car is being repaired or until you receive payment for your totaled car. You will need to provide evidence of the daily rental rate for a similar vehicle in your area, as well as the length of time you will need the rental car.
In terms of recouping the value or investment in your vehicle, you may be able to recover the fair market value of the car at the time of the accident. This may include the cost of any improvements or modifications you made to the vehicle. You will need to provide documentation of the value of the vehicle, such as repair estimates, maintenance records, or receipts for any improvements or modifications.
It's important to note that insurance companies will often try to settle claims for as little as possible, so it may be in your best interest to consult with a lawyer specializing in personal injury or car accident cases. A lawyer can help you negotiate with the insurance company and ensure that you receive fair compensation for your damages.
James Otto Heiting agrees with this answer
A: You might need to get your own rental and then bill the insurance company for reimbursement. Talk to them first, and they will help you if you have the coverage. The owner of the offending car may have insurance, as well, and they would be a resource for you. Get good comps and gather all your receipts, photos, plans, etc., so you can present those materials to support your valuation. Good luck.
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