AAAAAnnnnd, now the other persons insurance company is refusing to speak to our insurance company. Won't return calls, won't answer the phone. I expected this. It's part of the game, though a hard stance. Our adjuster has not really experienced this sort of stone walling before and is getting probably going to have to get her firms attorneys on the matter.
In a sort of flank maneuver, DW is preparing a statement to give his insurance contact that tried to get a statement from us the day after. As it will mirror the police report, its a safe speech and entangles the guys insurance in the web.
I may be wound to tight but the driver was not arrested for driving on a suspended license, though he vehicle was towed and his license confiscated. I plan on petitioning the prosecutor for jail time.
I am happy to hear that your wife wasn't seriously injured. I've been involved in a few crashes myself over 30+ years of driving, a couple that were severe, and have witnessed or come upon many more, so I am sympathetic on several levels.
I tend to treat cars like tools and don't form emotional attachments. So I agree with you in regards to getting something practical but inexpensive that you can pay off up-front. Just don't ignore the safety aspects, particularly since you still have young children to drive around. That 20 year-old sedan might not be pretty to look at, but I bet its a heavy, solidly-built vehicle that will stand-up well against most others in an accident. Crumple zones may be great for absorbing energy, but I selfishly prefer that energy be absorbed by the other vehicle, and that mine protects me in a solid protective shell. That's why I prefer buying frame-based SUV's for myself and my children.
In terms of the tangible damages: loss of the vehicle, medical bills, etc., and assuming you had collision coverage, your insurance company is supposed to pay-off directly and immediately, and then they are free to seek reimbursement from the other driver's insurance carrier. If you didn't have collision, your insurance will still cover your medical costs, but be prepared to wait several years before you settle with the other insurer on your damages and injury claims.
If you are planning on suing for personal injury, I would suggest you not have any direct correspondence with the other insurance company, written or verbal. Route everything through your attorney. I've learned through experience that often you will give too much information thinking to better prove your case, or say things that can be spun in different ways, and the opposition will pick and choose what puts their client in best light.
The other driver's insurance has the police report and eyewitness statements. Let your attorney deal with the rest. If you have to be deposed bring your attorney and a copy of the police report, refer to both before answering, and keep your answers as short and factual as possible.
Finally, while the other driver might be due some jail time, his insurance company doesn't care whether he goes to jail or not, and the other driver has no influence over whether his insurance carrier settles quickly and in your favor. His license is suspended so his insurance will be canceled and their risk of future losses eliminated. You pushing the court to give him jail time might be viewed as vindictive in your civil case and lessen the damages awarded. Also, while he is in jail he will not be able to testify at his civil trial, which will delay the settlement of that filing.
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