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valiant | Can I get more coverage from the Insurance Company? |
I was traveling at 40 m.p.h. at a 45 mile zone,
a vehicle ran a stop sign and I hit him broadside, now their ins.co. wants me to accept $10,000 (since thats the coverage he supposedly had) on a vehicle I owe $21,000. They say I was 10% at fault since I saw the vehicle pull in front of me and that I could have avoided the accident, I had passengers including my wife, sister in law her 9 mos old baby and my 2 children ages 3 and 7 how is it possible to avoid hitting this vehicle without a rollover or worst? The bad part is that I had a lapse in coverage at the time (unknown at the time) what should I do? I believe the adjuster made a bad assessment of the accident fault investigation he claimed I was going faster than the speed limit, and that I did not use my horn. Can I get more from his Insurance Co. to pay for my car since they claimed it totaled or must I obtain an Attorney? Can anyone advise on this?
Additional Details
I first was told by the adjuster that I would be coverd by $20,000 then instead $10,000 could this be a mistake? |
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mbrcatz
|
The other guy's insurance is never, ever going to pay out more than the policy limit.
YOUR policy limit is 0, since you were uninsured at the time.
If you disagree with the adjuster, you can decline to take payment, and sue the other guy in court. Then you're letting the judge decide. But the policy STILL won't pay out more than the policy limit.
As to your initial question - can you buy more coverage from the insurance company? Yes, but you have to buy the coverage BEFORE the accident. So it's too late.
If YOU had insurance, then you could collect from YOUR policy, and let your insurance company worry about chasing him down. But you don't. So you're stuck with accepting policy limits now, or suing this guy in court, and taking policy limits and a personal judgement later. Meanwhile, you have to keep making payments on your car. |
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lepr0kan
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You'd have to get an attorney and sue the individual since his insurance company only covered $10,000. |
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TedEx
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You had a lapse in coverage?? Guess what? You're screwed.
Your only recourse would be to see an attorney and go after the other driver for the excess.Talk to one, usually the first consoluation is at no charge.
If he had 10,000.00 coverage, that's all you're going to get from his ins co. |
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stephenweinstein
 |
No matter how much damage happened, the most that the other driver's insurance must pay is the amount of coverage that he had OR the amount of coverage that is required by the laws of the state where the accident happened, whichever is more.
You can sue that other driver for the entire amount of damage (probably the value of the car). However, even if you win, the most that the other driver's insurance must pay is the amount of coverage that he had OR the amount of coverage that is required by the laws of the state where the accident happened, whichever is more. The other driver is theoretically required to pay whatever the court awards you in excess of the amount that the insurance is required to pay, but may not actually have that much (or any) money to pay you.
I am unclear on how you had a lapse in coverage. I was not aware that any lender on a vehicle on which $21,000 is owed would allow a person without coverage to keep the vehicle without getting insurance. |
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src50
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mbrcatz1 (above) is correct. If you had kept your insurance in force with uninsured motorist coverage, it would cover the shortfall not covered by the other drivers' minimal insurance. Since you had no coverage, thats it. You can try suing the other driver directly, but you'll probably never collect even if you win the judgement. |
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MSAD
 |
In your question you said that 10,000 was the coverage that he had.
If that means that his policy limit for property damage is 10,000 per occurrence - then 10,000 is the most his insurance company can pay regardless of how much damage he caused.
If you had not let your policy lapse- you then would have contacted your insurance company and filed an under-insured motorist claim (had you purchased that coverage).
But since you were driving around with no insurance - you really are not in a position to complain about the other driver having small limits. After all---his driving around with small limits is more responsible than your driving around with no insurance at all! (and not knowing your insurance lapsed is not an acceptable excuse).
Sure you can hire an attorney. But be aware - that his fee will be 1/3 of your settlement plus expenses. The insurance company is not going to add more to the value of the claim to pay the attorney - so you can pocket the same amount. It's your choice to hire an attorney and it's your responsibility to pay him. All an attorney does is change who the adjuster talks to. It really has no bearing on the amount of the claim.
Also - adjusters talk to attorneys all the time. Contrary to what the TV ads say - we are not afraid of lawyers.
**not to be taken as legal advice** |
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dave48858
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their insurance should replace the value of your car. if you accept $10,000, that's all your going to get. get an attorney. maybe talk to your insurance company, that's what their there for. This is why I never buy a new car. I bought a $4000 van with 100k on it, I put about $1500 (front end and cv joints) into it over the past 5 years, + another 100k and it's still running fine.
sorry to say, but a new car is one of the worst investments you can make (they rust and are worthless in 20 years). if you can't afford it (not the payments), don't get it. |
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googie
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I think you will have to consult with an attorney. If the insurance limit on the policy is $ 10,000 that is all the insurance company is obligated to pay. . You will have to sue the individual for the damage not reimbursed to you. If the insurance company is offering only to pay the amount you indicated and accident coverage is larger then have your attorney go after the limit including attorney fees expended by you. The secret to the case is the attorney you hire. Never listen to the opponent's insurance company offer.They will always lowball you. |
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Joe B
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Get an attorney.....you never want to deal with the insurance compnay yourself! |
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Princess Leia
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Request to see a copy of their insurance policy (or at least the declarations page)...it will tell you the policy limits, including limit per incident and the aggregate...$10,000 is low to have insurance in (but I supposed it depends on the state...in CA, the minimum you have to be covered for is $15,000)....
As the other posters said, if the $10,000 is the policy limit, that's all you're going to get from the insurance company...so definitely see if you can get a copy of the other party's insurance policy (or declarations page)....you can try suing the other person for more (and perhaps he has excess coverage elsewhere)..
Remember, if you get an attorney involved and $10,000 is the policy limit, the attorney will get 1/3 of any settlement that is negotiated...
See if he also has a separate policy for medical bills... |
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Queen B
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dont take the 10,000!!!! where do you live cause 10,000 is very low coverage! talk to the adjuster politely and explain you need the full acv value on your auto since it was totalled, and any medical bills for anyone and everyone in the car at the time of the accident, a rental car until yours is fixed or replaced. BE NICE you will get much farther with an adjuster if you are patient and polite. if you can't get anywhere, talk to an attorney |
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the_mystryss
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Absolutely get a lawyer. He/she will recover the amount you need to replace the vehicle, any medical charges, time off work, etc, etc, etc. Many attorneys work for commission for what they get you, so they have an added incentive to win the case. |
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