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anikkie | How to collect on another's driver's insurance. He was at fault? |
Was involved in a car accident in August. The driver-at-fault's insurance paid out $5100.00 on damages, left me with a balance of unpaid $2100.00 in damages. Stopped paying on my rental, picked up bill for $583.94
My insurance picked up about 1month late. By this time i can't afford to make payments on truck or home cuz i paid out almost $2700.00 in damages, but i had to else i wouldn't have had a vehicle, lost my job etc...
Who's gonna pay? |
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jerry
|
It depends on a number of issues. First off is the state, because every state has different laws and requirements.
I am going to make an assumption that you did not exceed the limits of the policy, because they paid you $5683.94, which is not a "minimal limit" anywhere (it would be an even amount like $5k, $10k, etc). You should contact them and determine why they didn't pay the extra amount....did they determine it wasn't related to the accident? Or maybe the Bodyshop is trying to cheat you by making you pay over what the insurance company paid. Or maybe they determined you held some degree of negligence and only paid you a percentage of your damages.
In terms of the rental, a number of factors affect that too. First off, any options you paid for (additional insurance, additional drivers, gas fill-up, etc) are not covered as they are...optional. Second, you need to see what your state allows for a replacement vehicle...If they say that you only need to be provided with a compact vehicle which costs $25/day and you rented a minivan which costs $40/day, you are responsible for the difference. Third is how many days it was deemed to repair the vehicle. If it was only going to take 10 days to repair and you were in the rental for 20, you need to prove to the insurance company why you were in the rental for 20 days. Was it because a part was on backorder or because you needed to wait a few days for the Police Report to get the other insurance information, because that's a legitimate extension of rental. Or was it because you took it to a bodyshop that was busy and waited a week to start work or because your car was ready on Thursday but you couldn't get it until Monday because of work...those are not considered legitamate excuses for extending the rental.
Before you go consulting a lawyer (most of whom don't do Property Damage work anyway), I would suggest call the other insurance company and ask them how the amounts were reached. Then speak to your own insurance company to see if they agree with what was done. You may be out of luck. |
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blueyota_f
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YOu are. His insurance covered up to the maximum amount he paid to have insured, which is probably your state's minimum. If you have uninsured motorists coverage, it should pick up the rest. Talk to a lawyer about your options. |
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luv78779
|
you need to get a lawyer |
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shazbotbaru
 |
get a lawyer, ask for a lawsuit on contingency...that's where he gets half and you get half, but most lawyers will bust their butts to get as much as they can cause they get half...worth a look into...see if you're insurance co. will pay you, then they can subrogate against the other insurance co...good luck... |
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Phoenix, Wise Guru
|
Having an accident is no excuse for not having your finances in order. In fact, this is an excellent example of why we need to be prepared with a savings account.
I'm afraid there isn't much you can do if both yours and the driver's insurance have paid what they are supposed to. If the other driver's insurance has not paid the amount they are supposed to, then you need to contact them or have your own insurance contact them to get it straightened out. These kinds of things happen. Sure they suck, but that is why you need to be financially prepared. Sorry if that isn't possible for you. |
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dukefan
 |
You need to get in touch with other insurance company and let them know about the difference in money, and the fact that you had to pay for the rental car. If that does not work, YOUR insurance company should help you get your money back and the money you paid out for the damages. |
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mbrcatz
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Well, you have to sue the other driver for fair damages. They aren't required to pay rental forever, just the amount of days it takes to repair, OR until they cut the check for final settlement if your car was totalled.
What are the unpaid damages?? Why did your company take so long to pick up the difference?? Something doesn't sound right here . . . where was YOUR agent when all this was going on? |
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Tunka
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It sounds like the other party was underinsured,if that was the case you can file under your own policy under the UIM or underinsured motorist part of your policy or your collision coverage, if you do not have these coverages your next step would be to sue the other party directly for the additional damages. |
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