[mikester]

If the car's value is low enough not to warrant Comprehensive coverage and she is not at fault - the other driver is liable - just because his insurance coverage is flaking out does not mean the at fault driver is off the hook. She needs to contact him and tell him that HE is responsible and the she will be taking HIM to small claims court. Assuming we're talking less than $5000 here (that appears to be the limit in NC) then she can do that - take him to small claims court where it will be his word against hers with her police report showing him at fault.

I'm not a lawyer or anything but she should at least be able to recover the value of her car and what she pays out for medical expenses. If she has medical insurance and is using that to tend to her injuries she can tell them (though I'm not sure it is wise to do so) that it was the result of a car accident where the other party was at fault and they will subrogate the heck out of the at fault driver's insurance.


I will say this; I have state farm and they have ALWAYS treated me with respect and mostly fairness. My most recent example is with my wife's prius - it was in an accident in june of 2006. Front end tore up bad but they insisted on repairing it (at the time it was valued with the HOV stickers at nearly 30k - ridonkulous). The repairs are supposed to have a life time warranty. Fast forward 2 years almost and the AC has just never been the same. I've had it into the shop that did the repairs a number of times and it simply doesn't blow cold and pretty much hasn't since the accident. A little back and forth on the phone but not much and they agree to repair the system (the compressor and other components have failed completely by now) to the tune of about $2500 - 2 years later and for all intents and purposes my wife was at fault mostly in the accident.