How should I handle this?
 

I got hit by a wheel/tire assembly. Here's the story:

Went to the post office a couple weeks ago to mail the property tax bill.
While waiting to make a left turn onto the street the post office is on, I got hit by a wheel that came off a Jeep. Guy was making a right turn and his left front wheel comes off, bounces across the street right into my bumper (wife's '13 CR-V). The guy drives his Jeep over to the curb on the rotor, I make a U-turn and park in front of him.
He gives me his license and a AAA insurance card. I fail to ask for his registration, my bad.
Anyway, the damage to the bumper at first looks like smudges from the tire hitting it, that will rub out. There are some scratches though that might not buff out. I was glad the tire didn't hit the headlight as it would have taken it out.
I photo the guys info, the hub sitting on the ground and leave after saying I'd try to rub out the paint myself but would be in touch if it didn't rub out.
I go home and rub the smudges off but the scratches aren't leaving.
A couple days later a friend comes over and looks at it and says the paint is cracked.
I take the car to a repair shop we've used in the past and get an estimate of $672 to repair the bumper as the tire did fracture the paint.
I mail a certified letter to the guy stating I'll wait a week to hear from him on how he wants to handle paying for it to give him a chance to not use his insurance company. I include the estimate with the letter.
Week goes by I hear nothing so file with AAA.
Got a call yesterday from the adjuster that took the claim and he states they won't cover the damages because the guy isn't on the policy.
From what I can gather from the doc's I photo'd the Jeep policy is in his mother's name and she and one other female are the named insured.

What is my next step?
Wife is adamant that we will not be putting any money out to fix the car, and I agree.
Would this fall under our comprehensive coverage which has a zero deductible?
Pisses me off that low life's like this are running around on the streets without insurance.

File a report with the Sheriff's dept. Hopefully, they'll give him a friendly call and lean on him a bit to make you right.

Does car insurance cover cars, or people?

It's that ol' problem.

Just my opinion but I'd say let your comprehensive pick it and then let your insurance company chase the other party for their compensation. You've already paid your insurance company now it's time for them to earn it. YMMV.

File with your insurance. They'll subrogate.

There's your answer, Scott. Good luck!

+1

Your insurance will subrogate and handle it. Really should not be too much for you to do unless things go south. More likely that they will be able to convince the other company to pay up rather than it getting messy.

And what if he has a $1,000 deductible?

Scott stated he has a zero dollar deductible.

I've got no idea who his policy is with. I'm insured with USAA and my deductible does not apply to comprehensive claims.

Our collision deductible is $500. Comp should be $0 though.
Since this isn't a 'collision' (which I assume means car-to-car) I would think it'd be covered under the comp.
Guess I'll have to call my agent.

How much was the property tax bill?

Yep, it falls under comprehensive--like a road hazard. It's not much different than if the wheel hit you and you had no idea from where it came. In this case, you know the origin and have the vehicle and driver on record. This information may help the insurance company recoup the pay out, but you should be covered under the comprehensive, regardless.

By the way, the call center adjuster you spoke to is an idiot. He's probably a newly trained entry level employee who didn't absorb any knowledge during training. The car is insured. It doesn't matter who the driver is. Unless the car is stolen the insurance covers any permissive user and the insurer cannot deny a third party's claim.

I'd still file the police report. If he's driving his mothers car and he's not on the policy he's driving uninsured. That's a no no up here.

Thanks for the input guys.
Once I get over this flu bug I'll feel more like tackling this.
Oh, and it's not like this is some teenager using his mom's car, the guy's 50+ yrs old.

Scott,

Just consider yourself lucky as you can post about it.

Less than 3 months ago I came across a scene similar but the tire did not hit the bumper, it hit the windshield and kill the guy on is way to work. 10 minutes earlier it and could have been me...

As for insurance company, they are all the same, love to collect but will do anything not to pay out.

Auto policies cover cars, not people. Even if he is an excluded driver, the vehicle's insurance has to pay. They can drop the insurance now, but they still have to pay. His insurance is jerking you around and what they are doing is both illegal and unethical.

I'd personally file a claim and let your insurance subrogate. A call to your state's insurance commissioner could also work.

^^^That is hard to watch.

I was surprised he survived. Lucky guy.

I was driving along a 2 lane divided median interstate here in Mississippi a few years ago and noticed the large early 80's chevy caprice/Pontiac variant 4 door automobile about 300' ahead of me start fishtailing. We were both doing probably about 70 mph and coming up to a bridge over another highway. Next thing I know the rear left wheel and tire come off his car, the left rear of the car hits the pavement on the brake drum and sparks are going everywhere. The wheel and tire, it's one of those chrome 32" types is passing his car and headed the same place I am being the bridge. By now I'm gaining on the wheel and tire with no time to brake, when the wheel and tire hit the curb at the base of the bridge railing and into the air it goes.

I saw it go over the corner of my windshield and heard it hit the tip of my radio antenna (tink!) that was extended about half way that slopes backward from the drivers side windshield post on my Subaru Outback as it went over the top of me and down to the highway below all the while I'm still doing about 70 mph.

Dude pulls over past the bridge and promptly starts a grass fire. I pull over about 600 feet down the road and call the local small town police to report the incident. Dude runs down to my car to see if I'm ok. I'm like WTF I nearly died. Turns out he's some trash out of Oklahoma and is acting really weird. Once he shows up, I tell the small town African American cop he needs to check the dude out. Cop tells me "I think I'll just let him go on down the road and be outta here". Luckily nobody below the bridge got hit by the wheel tire assembly and when I left he was jacking her up and putting on the spare.

That's by far the closest I've ever come to being killed and needless to say I was pretty freaked out about it for the rest of the day!

FWIW, if the guy doesn't live with his mother, he is covered under her insurance.
I doubt you will have any problem making a claim on your insurance, but good luck anyway.

He's an uninsured motorist it seems. File against your own uninsured motorist coverage which isn't supposed to require a deductible or count against you and report him to the PD for driving without coverage.

I don't see how the driver having or not having insurance matters. Pretty sure liability covers the driver not the car which is why you automatically have liability coverage on a rental if you have an active policy on your current car. From what I'm reading, this case didn't involve negligence, just a random failure of some sort that caused the tire to come off regardless of who was driving. This sounds like a comp case so the OP only needs to file with "his" insurance and forget about it. If his insurance wants to go after the mom for reimbursement that's up to them. Reporting the guy to the police seems rather petty IMO.

A
 

Just curious how the wheel came off? They're usually held on w several large lug nuts. :confused:

And MRM is right, the car is insured, not the driver. Anyone I let drive my car is insured while driving it.

Some clarification needed here.

Since the driver was not on the mother's policy, it is likely he was excluded from the liability portion of the policy which usually follows the driver and not the car. This rule can vary between jurisdictions and policy carriers. Apparently, the company that insured the jeep requires the driver to be named in order to cover liability incurred by a driver. However, that may be inaccurate if the driver has permissive use from the owner, but the policy needs to declare that. The policy details will answer the question, but as of now, the OP has gotten a "NO" on liability. Was the driver an uninsured motorist? Maybe. The devil is in the details.

Uninsured motorist coverage does not cover property damage unless it is a specifically added option noted as Uninsured Motorist property damage insurance. Most policies don't have that and the OP would have to check his own policy to see if he has that option. Regular Uninsured Motorist coverage is for medical costs only, caused by an uninsured motorist.

Check your policy to be sure. Liability insurance follows the driver, in general. It may include someone you allow to drive your car, a permissive user, but that needs to be stated in the policy. There are so many variables in policies and states that only a reading of the policy will confirm the status of liability of a driver.

Just to update this.
I filed with my insurance this morning. Told them about filing with AAA and their turning it down.
We do have $0 deductible on our comp and it will go against that part of our policy.
Wife is complaining that our premiums have been going up $30 every six months since the last claim so was pissed I filed another one. We'll see what happens next.