Car crash and Insurance claim

[GBS]

Cat Converter stolen from my wife's Prius while in our driveway. My Ins. Co. settled very quickly and fairly. Since lead time to repair was at least 2 months out, and the car was a 2008, we sold it for what we could get, and pocketed the repair money. Probably lost $1,000 on the deal, but sh*& happens....

Bought a gently used 2018 Prius Prime. Amazing that there were any, of any year, available anywhere. 8 days later...she got side swiped while in the Interstate exit lane by a guy who missed the exit and was trying to cut over at the last minute. Because it was electric, hadn't even put gas in it since getting it! No injuries at all for either party. He of course drove away with bumper damage only, after the State Patrol was done with him.

We had a choice to file a claim with his "Good Neighbor" insurance, or with our own (Amica). If ours, we would have to pay the $1,000 deductible. And take a hit on our experience rating. But they would fight to claw back any costs to them and us. We filed a claim first, with his.

Repair estimate is $3,000 more than we paid for it. So while not officially totaled yet, it will be.

Now his company says the case is "in dispute", and wants us to file with our company. They tried to scare us with the storage fees racking up at the body shop it ($100/day). They said final determination can take two to four weeks.

We can deal with shopping for a replacement, and don't need the settlement before we start. But in these times it may be a long search, as we can't count on striking gold again soon.

It looks like in the end, worst case, we take another $1,000 hit, and a risk our rates go up, or even get canceled.

On first blush, not enough loss to consider an attorney. Or is it?

Any advice on a course of action? Wait it out, or file with ours now (ours does know about it, but it is on hold).
Hire someone to retrieve the ETA data to prove that the lane departure warnings did not go off, so she was solidly minding her business in her lane? File small claims against the guy for any out of pocket not reimbursed?

[bubba800]

Having been struck by fools several times in the past there is never a way I would be dealing with the others insurance company. That is your insurance companies job to go after the other guy and deal with the replacement and any storage nonsense.

[hawg]

Yup, what Bubba said. That's what No Fault is all about.

[Da' Walleye Assassun]

Did the state patrol ticket the other driver for improper lane usage?

[Shellback]

If the police report is in your favor, stand fast and make the other insurance pay. I'm not one to try and scam insurance companies, but if need be, tell them the accident has been affecting your wife's mental health.

[bubba800]

Originally Posted by Da' Walleye Assassun

Did the state patrol ticket the other driver for improper lane usage?

It doesn't matter, as mentioned MN is a No Fault state and both companies are going to be involved with subrogation.

[Mark R]

No Fault state doesn’t have anything to do with liability for the accident it only applies to medical bills

[hawg]

Not so sure, pertains to repairs also. Are you talking about legal liability and lawyers?

[PRO-V16]

Originally Posted by Mark R

No Fault state doesn’t have anything to do with liability for the accident it only applies to medical bills

Each state is different on what is No Fault. In Minnesota it means vehicle damage also.

[Snowking]

The insurance company’s will fight it out. Just call yours if the other guys insurance will not pay. Truthfully tell them what happened. They will try to go after the other guys insurance company. Since their is no injury’s involved. An attorney would charge you way to much.