Mr. Paul Tran. The asshole in the BMW who slammed into the back of my
car on the Washington Beltway a month ago. In roder to afford his
spiify beamer, he went cheap on insurance. I'm sueing him for $8500
dollars for damages and the diminished value of my car.
The only silver lining in all of this is that there's one less
entitled asshole driving around in a BMW today.
I saw that (roder) too, but gave him a pass on the keystroke error. I'm sure
he meant to type "order".
How does anybody go cheap on insurance? I suppose the OP is suing for $8500
over and above the liability coverage that the other driver carries. That's
fair. If the guy has minimum liability, and the damage exceeds the limits of
the policy, then one would sue for the damage that is outside of the
coverage. Oh well, shit happens.
Diminished value is a long shot, if there was any diminished value, then the
car would be totalled or repaired. Either eay there is no longer any
diminished value that was not already compensated for. If the car was worth
enough that the minimum liability does not cover the damages, then the OP
ought to be carrying Underinsured Motorist coverage so that the at-fault
party pays to the limits of their policy and the OP's own policy picks up
the remainder. Since the OP does not carry underinsured motorist coverage,
then it seems to me that the idiot that is getting his insurance "on the
cheap" is the OP himself.
In Virginia, you can register a vehicle without any insurance at all. You
pay a couple hundred dollar fee for the privilege of driving without insurance.
This means if you drive in Virginia or in the DC metropolitan area, you want
to have uninsured driver's coverage on your vehicle. If you don't, and you
are struck by an uninsured driver, you're basically out of luck. Suing them
is usually futile since if they had any money they would have got insurance
in the first place.
This is true, but you can never tell _what_ a judge is going to do. The
courts sometimes will make decisions which do not appear to make sense.
It's certainly worth asking for, but I agree it's a long shot.
This is most likely the case. And I say that as someone who drives BMWs
with minimum liability insurance on them. I could probably buy another E28
every year for what comprehensive insurance would cost me on mine. I do,
though, have uninsured driver's coverage.
"C'est un Nagra. C'est suisse, et tres, tres precis."
You should carry liability coverage that is high enough to cover exposure to
your assets. If you own a house, crashing your car can cause you to lose
your home. If you have cash in the bank, the crash can deplete your bank
account. You need enough liability insurance to protect your assets from
exposure to siezure by an injured party, whether personal injury or property
damage or any combination. If you do $35,000 in damage and have $25,000 in
liability insurance, then you are exposed to $10,000 in damages that can be
taken from your asset pool. If you have no assets and little insurance, then
the injured party can come after you but you have nothing to give so they
are screwed. But if you have significant assets and little insurance, then
they can come after you, and your asset pool is emptied which leaves you
Liability coverage pays the damage you cause to another's property or
person. Collision pays the damage you cause to your own car, and
comprehensive pays for the key/other sharp object that gets pulled down the
side of your car. Collision pays the damage you cause to your own stuff,
comprehensive pays the damage to your stuff not caused by you AND not
covered by somebody's liability coverage. In a No Fault State, throw all of
these definitions out the window.
The other person's liability coverage, and your own collision or comp
coverage, will pay to repair your car until the repair costs get to 70% of
the value of the car -- a $3000 car will be capped at $2100 in repairs --
and then the car will be declared a total loss. If you want to undertake the
repairs yourself, the insurance company will issue a check for 70% of the
value they feel the car has, and you can elect to buy the car back for
pennies on the dollar. In this case, the insurance company will cause a
salvage title to be issued, and you buy a roll of bailing wire and a box of
bubble gum, and do whatever repairs you can. The salvage title lets a future
owner know that the car has been declared a total loss, and that repairs
done at some point in its life were greater in cost than the value of the
Without regard to what was going on in his car, you hit him and you are
liable for the damages you caused. That's the way it works. YOU are supposed
to stay far enough away to not slam into somebody that stops.
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