Is This the End?

[Buffy]

First off I am glad to hear you and your family are ok. Cars are just objects that come and go but family is precious and cannot be replaced when they are gone. I have had the unfortunate experience of being in a not at fault wreck as this. My insurance covered my vehicle and went after the other drivers involved (yes 2 idiots = 1 totalled 7 month old 1 ton truck). That happened back in 2000 and is still an opened case at the insurance company which surprised me. My insurance company went after the other insurance companies to recoup their costs. The bad part was both their combined coverage didn't amount to enough to cover the truck. In my case my insurance did not go up. I just got raked over the coals (lost my butt) on the value they put on the truck.

Again, very glad to hear your family is doing well!

[WormGod]

It basically comes down to "at fault". If, and it sounds like he will be, the other driver is ticketed claimed to be "at fault" by the police investigation and report, he is liable for damages. Meaning, his insurance company. I know some states have "no fault" claims and have to use their own insurance for damages.

NJ was like this when I lived there, and it sucked.... especially when you have a car totaled by another driver, who is ticketed for running a stop sign. I had no car, was dropped by my insurance, and got knee surgery. Go figure.

Depending on how your state handles it, you simply need their other driver's insurance info so you can file a claim with them for your damages to be repaired. I don't think that will happen in this case though, since it it sounds like the car was not his and the owners claim he had no permission to be in it. THAT is where the suck comes in. You will probably have no choice but to file the claim on your own policy. Like someone stated in an earlier post, it is actually a good time to get some legal consultation. Again, it really comes down to how your state allows insurance to operate and an accident lawyer would know better than anyone.