Other driver at fault? - no insurance to help me

What is the name of your state (only U.S. law)? Washington

Hi im here looking for some advice, maybe someone can point me in a good direction...

I was involved in an accident the same day I had the car transfered into my name, and was driving home. I had no insurance at the time because I was stupid and did not think something like this would happen...

Basically I believe its very clear the other driver is at fault, but of course his insurance says otherwise, and is offering me 40% of my claim.

I was behind the driver in the right lane, he then moved from the right lane, to the left lane (without signal), I travelled the same speed as I was when behind him, and then after he was all the way over in the left lane, he slowed and proceeded to make a sharp right into the side of me. The damage is clearly on the entire left side of my car, no front impact. He was apparently taking a right turn into the parking garage that was at the scene, a swedish hospital employee garage that he works at (I have his buisness card).

He was driving a mustang, and I was driving a nissan 280zx, a sports car as well. After he turned sharply into me I turned my wheel to the right, to prevent as much impact as possible.

There is a curb break for the parking garage (the part where the sidewalk goes down to meet the pavement for a parking lot entrance etc) that I went up and onto the sidewalk.

Now, in the insurance companys letter they say that I attempted to move around the driver while he was still in control of his lane, therefore I am partially at fault. I am going to assume that their arguement in court would be that I drove up on the curb to go around him? Because when I exchanged info with the other driver he asked me why I was driving on the curb....? I just chuckled because did he honestly think my little sports car popped the curb to go around him? Sorry, no. The only time I went to the curb was after impact, and my right wheels went up the little "ramp" where the parking garage he was turning into was.

My question is, how should I go about "negotiating" with his insurance, I know it is standard for an isurance company to try and lowball you, and since I dont have a insurance company to back me im stuck as to what to say to them.

The advice per my father was to get an estimate on my vehicle damage and file a small claims case, and that the insurance would probably try and settle.

But my issue is, no body repair shop will look at my car since I was not insured, and even ones that would, look at my car and say its beyond repair. It is drivable but the real 1/4 of the car is a non-replaceable piece, and has extensive damage. The fender and door are replaceable, so is the hood (which only has a very small bend from the fender pushing against it). Regardless, it is totalled.

So how can I go about filing a small claims suit against this driver? Can I sue for the value of my car? I cannot find a real answer on the value of my car either since it is a 1981, (nissan 280zx). The agen who looked at my car told me on the phone the value was around 1k, which is "ok" but not if im only going to see $400 for it.

Also, 1k is not a good value for one of these in good running condition with no damage, I have reciepts for all engine, paint and maint work on the car for the last 12 years, and I am willing to take the 1k and fix one up myself, but no less.

Anyways, sorry to ramble, hope someone can help, I screwed up by not adding my insurance prior to driving it off, and am stuck without help!

Thanks for any replies.

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Did you have insurance on a previous vehicle at the time of purchase?

I have several cars, including several Corvettes--so I understand the absurdity of a low rider hopping up on a curb. When I bought the last Corvette on the weekend ( when my insurance company was closed) the fact I had full coverage with my OTHER vehicles means my current coverage was extended to the new vehicle for a certain number of days ( usually ten days after purchase).

Did you have coverage on a different vehicle which would allow you to extend coverage even though you did not have an insurance card yet? Also, how did you get a title and/or registration without proof of insurance?

Were you ticketed? Was a police officer at the scene? Who does the police report say was at fault? Also, it could be worse---they COULD be attempting to make YOU pay for the damages to the OTHER vehicle. I am, actually, surprised they are offering you anything at all since you carried no insurance.

I would hire an attorney and head to court. At the very least, an attorney can give you a low or free consultation and tell you what the odds are of your getting more money. The problem I see is that an attorney gets usually at least thirty percent of the settlement. So, even if they GIVE you the thousand dollars, he would get so much of it ( plus court cost, filing fees, etc.) that you would get little more than the four hundred you are already being offered.

My opinion is to take it and run---and be glad they aren't trying to make YOU responsible for the accident---if you got into court and they wanted to say it was your fault, you could be not only not receiving ANY money, you could be paying for HIS car since the court would, most likely, be very prejudicial against someone not carrying insurance.

Tough situation all the way around.

Good luck.

My insurance was not in effect from a previous vehicle, I had not had a vehicle for a few months prior actually. You do not need insurance in order to obtain a registration/title. At least not in the state of Washington, for a personal sale.

Police did not come to the scene, but an accident report was filed.

Do you really think a judge would rule in favor of the other driver considering all I did was continue travelling in the lane at the same speed while he made more than 1 illegal maneuver?

I don't have a crystal ball----wish I did. I don't know what a judge will do.
But I feel that the insurance company is offering you anything is amazing. Getting a thousand dollars is a long shot. Do you want this case to go to trial? It WILL come out in the trial that you did not have insurance. While it may not have an effect on this case since it was not your fault, it does make an impression on the judge and jury----people take it personally when other people drive without insurance because so many of our lives have been affected by people who don't pay their premiums.

The insurance company has you right where they want you, unfortunately. The difference between the four hundred and the thousand isn't enough for you to hire an attorney and make it worth your while---what you will pay the attorney will make up the difference in the amount you are asking for.

If you had your own insurance, it is possible that your underinsured motorist would have picked up the difference ( if you had it on your policy).

Tough situation. I can't see them giving in and I do think ( and this is just OPINION--no way to know for sure) that a judge would think, "If the car is that important to him, enough to get additional funds for the cars value, HE should have had insurance." It's going to be hard to assert the value of the car is worth more and means more to you when you didn't have insurance yourself.

That isn't a judgment of you---just an observation they will most certainly make.

Good luck. Glad no one was hurt.

This article may be of some assistance to you: Recover Damages when the Other Driver has no Insurance