Auto Insurance Claims: Collision coverage, metal reinforcement, tort laws

Question
QUESTION: My dad had an accident yesterday. He stopped to pick up my brother and pulled off from the curb put on his turn signal checked his mirrors and looked to see if a vehicle was coming. He saw none in the immediate area. He hadn't moved much when I green jeep came over on him and tore off the bumper cover, the metal reinforcement, a metal plate that hooks to the transmission bracket, the whole front quarter panel is mangled and damaged. My dads car did not spin but moved over a whole lane because his foot was on the brake. The guy said he was only doing 25 and it did all of this. It took him a good 30-40 feet to stop. My dad was found at fault. We are getting the insurance company to investigate. There was no damage to the other vehicle. Our car does not have collision coverage would we have to sue for the expenses it would take to cover the car.

ANSWER: Tort laws vary by State, but in general here is what you are looking at . . .

This is a liability dispute.  From your description, I'm sorry to say it seems that your Dad may be majority at fault.  It would be worded like "improper start from a stopped position".  One who is entering traffic has a greater duty to be careful than does one who is already in traffic.  If the other driver was driving recklessly or was grossly negligent in some manner, there may be a chance that you could obtain a judgment by filing a suit, but you would have to have evidence of the negligence of the other driver.  

There are many questions I would have to have answered before I could offer any better answer.  State and County where this occurred.  Does the other driver have insurance?  Have you filed a claim with his carrier.  If he doesn't have insurance, then do you guys have uninsured motorists coverage.  You can see that there are some avenues you can research, but most likely, the damage to your vehicle will be your responsibility if there is no evidence to suggest the other driver acted negligently.

I hope this helps!

---------- FOLLOW-UP ----------

QUESTION: Thanks. We live in South Carolina in Dorchester County. See he was still in his lane when he was hit. The other guy dodged other traffic to get ahead. He also stopped on the sidewalk where other kids were walking home from school. He has a LA license plate, a SC drivers license, and an address that cannot be located in SC. He apparently has insurance and no we haven't filed a claim with his carrier.

Answer
Okay, well it works the same in South Carolina as it does in Texas, so I should be able to give you a little direction.  SC uses "modified comparative negligence" when evaluating civil liability.  If a person or entity is found to be more than 50% at fault, then they are barred from recovery.  In your case, I believe the strength of your evidence against the other party will be the deciding factor in how this claim is handled.  If you can find out the name of the owner of the vehicle that hit your Dad's vehicle, and the VIN and Plate, then you may be able to find out if they have insurance by sending $15.00 to the Louisiana Department of Motor Vehicles:

See requirement below:

To obtain liability information on a vehicle registered in Louisana one must . . . .

R.S.32:863.2 -- OMV LIABILITY INSURANCE DATABASE REQUIREMENTS
A written request - must specify statute R. S. 32:863.2, vehicle and the time frame;
A $15.00 fee is required for liability insurance information requested on each vehicle.

If the OMV Liability Insurance Database list multiple liability insurance policies during the time frame requested, there it is a $15.00 fee per listing.   

No fee is required for state or local government agencies.

All of the mentioned items must be submitted to process the inquiry.