My auto insurance is covering the damage to my car & going after the drunk driver's insurance for my deductible. My bicycle mounted on the rear car-rack was demolished in the same crash but my insurance says they can't help me with that. I let the bicycle insurance lapse. They wished me luck with "asking" the drunk driver's insurance to compensate me for the lost bike worth $3500. Also, it sounds like the drunk driver is delinquent on his insurance payments. Am I SOL? Paying an attorney to recover that loss seems a losing proposition.
You should contact the victim's services division of your local district attorney's office. You are not SOL, exactly. You may be eligible for restitution dollars. However, if the other party is "judgment proof," (he doesn't have any assets), you may not recover from the alleged offender in the end.
The insurance company will pay only the very least that they are required to pay. However, taking their first "no" for an answer makes it too easy for them. Ask to speak to someone higher up the chain of command. If that person says no, ask for someone else.
If the deft's ins was cancelled properly before the crash, they wont pay anything. You then have two choices: ask the district atty to request restitution for your economic losses (deductible, repair costs, bike, etc.) You can also try small claims court.
If he has ins coverage, they should pay your damages (assuming the crash was the deft's fault).
There are two scenario's that come to mind in which the defendant's insurance company could refuse to pay out for the damage. The first is if the policy had been cancelled by the missed payments. The second is rare, but in some instances insurance companies have exemptions written into their policies that take them off the hook in certain circumstances (such as if the driver was driving under the influence, in a reckless manner, or street racing). If this case is being prosecuted by the district attorney's office, you should be considered a victim in the case. The district attorney should be contacting you about your losses. If they don't, you should be reaching out to them because restitution (repaying you for your loses) can become part of a sentencing deal in which the defendant is personally required to repay you and/or your insurance company as part of their sentence. In that case, payment will often be delayed and could drag out over time, but you may recoup your loses.
Your main question is about your demolished bike worth $3500. Even though you let your insurance lapse on that it may be recoverable. When the drunk driver crashed into you, he (and his insurance as long as not excluded) became responsible for property damage to personal belonging in or on the vehicle. You say that hiring a lawyer is a losing proposition, but what if you could pay a lawyer a contingent fee (commission) to recover the lost bike value along with value of your personal injuries? Finally, do you know where the drunk driver was coming from? Was it a bar or home of friend who served him drinks? This would increase the options for recovery in your case. Please at least contact a lawyer for a free consultation about this.
