Uninsured car wreck?

I was in an auto accident and the guy who rear-ended me did not have any insurance (liability or comp). What can I do? I did have uninsured motorist insurance but my insurance agent says that it's limited to only medical payments and not the actual damage to the car. Is my insurance BSing me?
Additional Details
Thx for the responses. Now, once I get an estimate of the damage for the car, can I junk it? Since the car is not driveable I have been paying storage charges on the car and I want to get rid of it. WOuld it affect my case in anyway if I do decide to get rid of it or do I need to keep it around untill the caseis resolved?

ohso_quiet

In the majority of states, UM/UIM coverage is indeed only for injury payments, sorry.

If you had no collision and the other guy did not have insurance to cover your damages, you have the right to pursue the other guy through small claims/district justice/magistrate.

Look in the blue pages of your phone book for your district justice or magistrate. Get your insurance company to write you an estimate of your damages as a courtesy or get 3 for the court, along with a copy of the police report. File against the at-fault party for your damages.

They should be able to walk you through the process, most judges' clerks are really nice, and they see this sort of thing a lot. There will be a filing fee, make sure you add that to your amount claimed.

Good luck.

*****
Re: Getting rid of the car - get it out of wherever is charging storage, for sure. Move it to your house or another safe spot where it won't rack up storage if you can. If you can't, see if you can get an estimate from your insurance company to verify it's totalled. If none of these are open to you, take a TON of pictures, all angles, inside and out, odometer and VIN tag inside the door and try to at least get someone to give you 1-2 estimates before you junk it.

The more documentation you have, the better. No one is every sorry they collected paperwork on an insurance claim.
Good luck.

khanzadha

the insurance agent is right

The Rebel

You are in DEEP DO! DO!

blueman2

small claims court

bubb1e_gir1

No. I was in a rear-end accident too and my insurance company said the same thing. Most people don't realize that. As far as what to do about getting money for your car your only option left is to pursue him in the courts. You can find lawyers who don't charge you unless you get paid so legal fees shouldn't be a problem. You might also talk to your insurance company about renting you a car for the time being. YOu never know what they might accomplish for you.

mom2trinityj

I would consult a personal injury attorney in your area for the best answer to this question. There are many listed in the yellow pages of your local phone book.

Here is some information on uninsured motorist coverage:
http://www.insurance.com/Article.aspx/Who_Needs_UninsuredUnderinsured_Motorist_Protection_You_Do!/artid/132

tex

Nope Insurance is the biggest racket in the country. We pay more, in my town, because of a cultural difference that makes some people refuse to obey the law. Get used to it.

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