A guy totaled my vehicle in the parking lot of a fitness gym. He was an excluded driver. Should I acquire legal representation?

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A guy totaled my vehicle in the parking lot of a fitness gym. He was an excluded driver. Should I acquire legal representation?

Anonymous Oct 8, 2015 Business 5 views 3 answers

My truck was parked and I was not in the vehicle at the time of the accident. His insurance company came out and deemed the vehicle totaled/ nonrepairable. Come to find out, he was an excluded driver and the vehicle was not in his name. I was told that the vehicle is in his parents name. This vehicle is the primary source of transportation for my 3 year old daughter, as well as my 1 year old son. My wife is also pregnant, so since the accident, I have missed every single doctors appointment regarding my new daughter! I really don't know what to do right now! May I please if it's possible, to get some sort of advice on what I should do next. Thank you in advance for your time and cosideration!

Neil Anapol · Accepted Answer · 2026-06-15T16:17:05+00:00

If you have collision insurance, submit it to your own carrier. If not. sue the other driver. If your damages are $10,000 or less, file in small claims court.

Jeffrey Gwynn · Accepted Answer · 2026-06-15T16:17:05+00:00

I assume that you don't have coverage for the loss? If you do, submit the claim to your insurer. If you don't, sue the driver and his parents for negligent entrustment. If your loss was substantial enough, you might be able to find an attorney who will handle this on a contingency. Good luck.

Michael Bernstein · Accepted Answer · 2026-06-15T16:17:05+00:00

My California colleagues are correct. If your car isn't insured for collision coverage, then your only option seems to be a claim against the excluded driver and his parents on a personal basis. As much as I hate to say this, everyone should have collision coverage just because of situations like the one you're with. Perhaps you should have a long chat with your insurance agent.

A guy totaled my vehicle in the parking lot of a fitness gym. He was an excluded driver. Should I acquire legal representation?

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