My wife, son, and son's college roomate were rear ended on 11/11/17. Luckily none of them were badly injured but the car was a total loss. The other driver was intoxicated and tried to flee but was unable to do so by some good semaritans at the scene. He did not have a license at the scene (unknown at this time if he was licensed or not) and the officers on the scene told my wife that he was in the country illegally (he did not speak english according to the officers). He was intoxicated and could not produce proof of insurance. The officers told my wife he was uninsured.
Our insurance company also told us he was uninsured. As it turns out he was insured via the vehicle owners insurance. The actual owner of the vehicle claimed the car was sold to him by the person who hit our car and for some reason that person later stole the vehicle. There is no evidence of a stolen vehicle report. For whatever reason our insurance company went through the claims process for our uninsured motorist insurance. It seems that they would've used the accident report to verify the other driver did indeed have insurance. The other driver's insurance is now accepting liability.
We are now 24 days into this claim and we have had one very low ball estimate for actual value. My son has been without his vehicle for those 24 days because we can't rent him a car (he is 18) and we don't have car rental coverage because it is over priced.
The truly troubling thing about the whole affair is my son was robbed at gun point walking home from school last Wednesday night. He is having some serious problems coping with this. He is edgy and nervous and unable to sleep and is just not himself. Had our insurance company done what they should have done he would've been in a rental car at the expense of the insured at fault driver's insurance at the time and would not have been robbed. Their inability to provide the service that we paid for and their misleading us could've very well ended in the murder of our son. Do we have a case? I have never even thought about suing anyone for anything and have been fortunate to have never suffered any real damages due to the negligence of others.....but I am LIVID over the thought that my son, trying to do what he considers the right thing, faced an extremely dangerous situation and is now displaying signs of emotional distress due to the fact that our Insurance company, and to a lesser extent the Denver Police department, erroneously informed us that the person who destroyed our son's car didn't have insurance.
Our insurance company also told us he was uninsured. As it turns out he was insured via the vehicle owners insurance. The actual owner of the vehicle claimed the car was sold to him by the person who hit our car and for some reason that person later stole the vehicle. There is no evidence of a stolen vehicle report. For whatever reason our insurance company went through the claims process for our uninsured motorist insurance. It seems that they would've used the accident report to verify the other driver did indeed have insurance. The other driver's insurance is now accepting liability.
We are now 24 days into this claim and we have had one very low ball estimate for actual value. My son has been without his vehicle for those 24 days because we can't rent him a car (he is 18) and we don't have car rental coverage because it is over priced.
The truly troubling thing about the whole affair is my son was robbed at gun point walking home from school last Wednesday night. He is having some serious problems coping with this. He is edgy and nervous and unable to sleep and is just not himself. Had our insurance company done what they should have done he would've been in a rental car at the expense of the insured at fault driver's insurance at the time and would not have been robbed. Their inability to provide the service that we paid for and their misleading us could've very well ended in the murder of our son. Do we have a case? I have never even thought about suing anyone for anything and have been fortunate to have never suffered any real damages due to the negligence of others.....but I am LIVID over the thought that my son, trying to do what he considers the right thing, faced an extremely dangerous situation and is now displaying signs of emotional distress due to the fact that our Insurance company, and to a lesser extent the Denver Police department, erroneously informed us that the person who destroyed our son's car didn't have insurance.