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mecca | Insurance Company dont want to pay for damages. The Person who hit my car had full coverage. What do I do? |
My car was parked. A speeder hit my car and 3 other parked cars. My vehicle is has the worse damages in the rear back drivers side. The insurance company saying that they cant pay for the damages in full because there was multiple cars involved and the boy insurance only covers $5000 worth of damages. They said it will take a bout a month before they can do something about my car and cant take care of it in full. The insurance company didnt even want to give me rental .
Additional Details
I only have liability, Limited tort.
What about not giving me a rental car? I need a car toget back and forth to work. Im 51/2 months pregnant and have 3 other children I have to get back and forth to school. |
 |
 
acermill
|
Do not waste your money on an attorney to pursue the insurance company. The offender only had $5000 of coverage, and that is all the insurer is going to pay. Any additiional monies to be had will have to come directly from the pocket of the person who hit your car and the others.
It appears that the insurer is going to prorate the coverage available amongst the four owners who suffered damages.
If you elect to engage an attorney, use that person to sue the driver who hit you on a personal basis. The best you can hope for is a monetary judgment on which you may be able to collect, if the driver has attachable assets. Meanwhile, you are on your own.
This is a perfect example of why YOU should have coverages which would handle a situation of this nature. |
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Queen B
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call YOUR insurance company. they can help you. if you have full coverage on your car they can pay for the damages minus your ded and then will subrogate back to his insurance for repayment. anything over what his company will pay back is something you would have to take him to court to have him repay. his insurance will only pay out to his limits and since there were multiple cars involved hes probably gonna get sued by others also. |
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fighting saints
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If you are saying that the guys policy only has $5000 worth of property damage coverage then that is insane. Any state that would allow a company to sell that kind of policy just plain sucks.
Assuming the $5000 figure is the correct policy limit, you have very limited options, especially if you do not have your own collision coverage.
The other company doesn't not want to pay for a rental, they just can't. They have to spread $5000 between 3 cars and that isn't going to go very far. Nobody is getting a rental here.
If you already have an estimate for the amount of damages to your car then I would recommend suing in small claims court. If your damages are under the small claims court limit then file a lawsuit against the other driver. If the other driver is a minor also file against the parents.
You will win in court, but it is not a guarantee of payment. A win in small claims court just gets you a judgment and the court will not make the other driver/parents write you a check at court. In most states getting and "docketing" a judgment will put pressure on the other driver/parents to pay you because a judgment can lead to a suspended drivers license. It can also show up on their credit report and mess them up when trying to buy/sell a house or car.
It is highly unlikely that you will get paid quickly so you need to look at the judgment as a long term investment. The judgment should allow you to also add yearly interest to the debt.
Good Luck |
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Joel S
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It is also going to depend on the state that you are in. Some states only allow for a certain amount as a no fault state. |
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sachin c
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Consult your lawyer |
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shanla
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Get a lawyer. It's amazing how fast an insurance company will pay up when they receive papers saying they are being sued. |
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mbrcatz
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WHOSE insurance doesn't want to pay for damages?? His? Or Yours?
They don't pay more than the policy limit, in any case!!! You don't buy a Ford and get a Mercedes. He bought $5K of coverage. That's what he gets, regardless of how much the damage is from that accident.
You're going to have to either go through your own insurance company, or sue the other person directly for damages. And just because you win the lawsuit, doesn't mean you'll see any money.
The BEST way to be sure you get paid when your car gets hit, is to buy your own insurance. Want a rental car? Buy rental reimbursement coverage. If YOU don't have collision and rental reimbursement coverage, well, you're underinsured, just like the guy that hit you. |
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FXF
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Get your documentation together including police reports, photos, repair estimates. Sue the insurance company and the driver in small claims court if your state allows it. In Nj it's $3,000. If not then get a lawyer. |
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