QuestionOwn conversion van, intending to list for sale AS IS to help make ends meet.
On or about Jan 26, 2008 while my registered conversion van sit legally parked on my own residential parking slab is hit by UNKNOWN party sustaining $800.00 damage to driver's side, including running board and D/S fender. Police report filed.
Single mom, recently divorced, disabled with MS and unemployed can't afford to repair damage. Damage is hindering sale and previous asking price.
March 2008 I hear rumor that Mr. XXXXX was intoxicated and responsible for damage, the hit and run was to avoid a DUI. I am also told that Mr. XXXXX has had the vehicle he was driving repaired for $3000.00 at the local Ford dealership.
I research and find a contact number for Mr. XXXXX and confront him about the damage/hit and run.
Mr. XXXXX admits to such and promises to pay for repair.
On July 1, 2008, Mr. XXXXX comes over and signs document admitting to causing the damage and agreeing to pay to restore my vehicle to pre-accident condition.
July 31, 2008 conversion van registration expires, I cancel my coverage, store vehicle and I still have not received one red cent for repairs.
Mr. XXXXX comes into money...said monies deposited into Mr. XXXXX's step father's bank account. Mr. XXXXX is adult but lives at home with mom and step dad.
On or about Mr. XXXXX's step dad suggests to have my UNREGISTERED damaged conversion van towed to local shop as long as I authorize repair with the shop and sign release of liability to Mr. XXXXX when car is dropped off at repair shop. I am uncomfortable with releasing my vehicle to tow company, authorizing repair with shop and signing release for settlement of any and all claims to Mr. XXXXX especially when Mr. XXXXX's step dad will not release any funds to cover repair until AFTER my vehicle is repaired. I suggest just going through Mr. XXXXX's LIABILITY COVERAGE. Mr. XXXXX is FORBIDDEN by step dad to surrender name of auto insurance company to me. Step father will not answer/return my calls or communicate with me at all.
I do more research and find out Mr. XXXXX's step dad is the title holder of vehicle that Mr. XXXXX was driving while intoxicated at time of hit and run. Takes me a bit but I find out who insures the vehicle that caused damage to my vehicle.
I filed a claim, adjuster sends a PDA to prepare damage appraisal.
I do not have funds to register 95 conversion van so I can drive a legal vehicle to the repair shop. Also I have not received a check.
QUESTION: Is the title holder's liability insurance to MAKE ME WHOLE again for additional out of pocket expense? What about the fact I could not sell the vehicle AS IS and now the vehicle has depreciated over months due to the delay in repair.
According to TX DOT and the police, I am told I cannot drive a unregistered, uninsured vehicle on Texas roadway EVEN if it is going straight to the shop. My insurance company will not insure my van IF it is not registered. The shop will not repair my van unless I have it insured.
Please answer ASAP if you can. I need to get the van repaired and sell it ASAP even if I will get much less now than the pre accident value in March of 2008. I am delinquent on my mortgage being that I cannot find sustainable employment with today's economic nightmare. My portfolio dropped in value and I have been forced to withdraw it to live on. I have spent my portfolio funds to survive, my child and are about to loose the roof over our head. Proceeds of the repaired van will go directly to food and the mortgage payment.
I am NOT making an attempt to commit insurance fraud...I do not know the law. I simply feel if my van was NOT hit in the first place and or the repair was paid for in a timely manner, I would NOT have incurred ANY additional out of pocket expenses or be subject to accept less for the sale of my vehicle.
I will respect your answer...I know bad things happen to good people and that life is NOT always fair.
ANSWER: The main reason that I needed to consider this question is that it was so long and involved.
Please keep in mind that providing all of this detail about your personal financial situation will have absolutely no bearing on the your or the other party's legal obligations. It only caused me to delay my answer.
Regarding the time that has gone by since the loss and any depreciation that has occurred to your vehicle in that time frame:
Every person has a duty to mitigate (minimize) a loss when it occurs. The way that you could have mitigated your damages would to have had insurance coverage on the vehicle at the time of the loss. You could have had the insurance handle the situation and promptly repair the vehicle so you could then sell it. Then, the insurance company would have surrogated the owner of the other vehicle to recover your deductible and their payments for the damage.
What these people owe you is the cost to repair the vehicle. It is not anyone's responsibility other than yours that this vehicle cannot be legally driven to a shop for an estimate.
If you own a vehicle and wish to operate it on the roads, then you and only you are responsible for complying with state laws to make this happen.
As you stated that there is $800 in damage, you apparently manged to get the vehicle somewhere for an estimate.
At this point, your best option is to file a small claim court suit against the vehicle owner for $800. Sell the van and discount the price by $800.00.
---------- FOLLOW-UP ----------
QUESTION: Thank you for your response. I will take your advice.
A.) I will NOT expect the owner or his/her insurance company to make me whole again.
B.) I will NOT expect to be reimbursed for the necessary registrations fees so I can get my vehicle into a repair shop.
3.) I will NOT expect to be reimbursed for a rental vehicle.
4.) I fully understand I am expected to "mitigate my loss"
....Have more than just the state's mandatory liability coverage even if my vehicle is just being stored.
.....Have my own back up vehicle in the event my car vehicle needs to be repaired due to an auto accident.
Sorry for the confusion. Perhaps I could have simply asked....you to please define Mitigate or something like 1&2
1.) Mitigate...does that constitute, "Do what you are capable of doing AFTER the DAMAGE INCURRED?"
Please know I did try to take out a loan to get the vehicle repaired BEFORE the auto liability and registration expired. I am now glad my application was denied as based on what you state about not having the proper coverage in place prior to the hit, it sounds like I would not have been reimbursed for the interest on top of the $800.00 considering I was supposed to mitigated the loss by FIRST having the necessary coverage.
or
2.) Medicate....does that constitute, "Take any and all PREVENTIVE MEASURES PRIOR to DAMAGE INCURRING?"
We all know that NO insurance company would have insured my vehicle or covered ANY loss that incurred prior to coverage. So obtaining coverage beyond liability AFTER the damage/accident incurred would NOT have been an option.
To clear up additional confusion.....
Expert: If you own a vehicle and wish to operate it on the roads, then you and only you are responsible for complying with state laws to make this happen.
Me: My vehicle insurance was intact/STATE COMPLIANCE on the day of and for 7 months AFTER the hit and run incurred on a vehicle NEVER left storage. I actually had more Liability Coverage than the state of Texas requires. Texas does NOT require ANY vehicle owner to have Comprehensive or Collision coverage. Yet I do now understand that a court of law would expect a plaintiff carry collision and comprehensive to militate a loss.
Expert: As you stated that there is $800 in damage, you apparently managed to get the vehicle somewhere for an estimate. At this point, your best option is to file a small claim court suit against the vehicle owner for $800. Sell the van and discount the price by $800.00.
Me: As stated in original "I filed a claim, adjuster sends a PDA to prepare damage appraisal. Also I have not received a check."
Which means, I did NOT manage to take a vehicle, which is no longer in compliance with the state of Texas anywhere for an estimate. I would never drive a vehicle to a repair shop for an estimate knowing very right well the liability insurance expired 7 months after the date of loss. I already told you... "The Physical Damage Appraiser CAME TO ME and that I won't even drive the van to the shop to get it repaired unless it's registered and insured.
Also IF I file a small claims case against the owner for $800.00 I think that would be fraud since the owner's insurance company is a $800.00 settlement check.
1.) I MAINLY wanted the term Militate defined
2.) And also wanted to know if the owner's insurance company was liable to make me whole again by covering my out of pocket expenses (which include the registration fees, rental car etc..), that RESULTED from the damaged caused to my vehicle when my vehicle was involved in a hit and run auto accident.
AnswerMitigate: Generally to make less severe.
The damage to your car is what they owe you for. It is your responsibility to keep the costs from exceeding that as much as reasonably possible.
That would involve continuing to drive the vehicle if it is drivable and you have stated that it is. It would involve either having the $800 worth of repairs done and then selling it or discounting the price by $800.
If the vehicle has been drivable all of this time and it has $800.00 worth of damage, then they owe you $800.00.
