QUESTION
Can I file a claim with my auto insurance company and the other driver’s insurance company and get compensated?
Asked on Sep 21st, 2012 on Automobile Accidents - Washington
More details to this question:
A car hit me and I hit a tree. My car is totaled and my insurance company will only will pay for a rental up to $600. My car is also financed and I still owe $17000 for it. I know my insurance is not going to pay the remaining amount. Can I file a claim with the other insurance company to pay for the amount of the loan that is left or am I responsible for that loan and out of a car too?
8 ANSWERS
1 Award
Why are you not filing a claim against the party who hit you and forced you into a tree? They are responsible for cost of a rental vehicle for a reasonable period of time and the value of your vehicle if it is a total loss. If you owe more than the vehicle is worth, do you have gap insurance? If the finance company did not offer you such , then thy are responsible for the deficit.
Answered on Jun 27th, 2013 at 8:25 PM
Brain Injury Attorney serving Baton Rouge, LA
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The Lucky Law Firm, PLC
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There are a few unanswered questions that I have regarding the facts that you presented. If your car is worth $17,000 less than the what you owe on it, then you may be out of luck. However, if this is not the case, then you may have some other options.
Answered on Jun 27th, 2013 at 8:23 PM
Litigation Attorney serving Olean, NY
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Black, Lyle & Habberfield, LLP
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Yes. File with both.
Answered on Jun 27th, 2013 at 1:51 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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If the other driver was totally at fault (and not you in any way) then his carrier owes you the fair market value of your car, whatever that is. Has nothing to do with your bank note. Does not matter what you owe or to whom. Fair market value. Get you a good PI lawyer, especially if you were hurt at all
Answered on Sep 24th, 2012 at 10:36 AM
Personal Injury Attorney serving Marietta, GA
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Law Office of Ronald Arthur Lowry
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If the other driver was at fault the insurance company for the other driver only is responsible for paying for the total loss of your vehicle at fair market value. If you owe more than the vehicle is worth you are upside down in the car and will be out of pocket yourself.
Answered on Sep 24th, 2012 at 10:36 AM
You can make a claim with both insurers, demanding the full amount of damages, but will the have to pay back to your insurance company the amount they paid you [in your insurance contract]. Most insurance policies provide only $15,000 coverage; if so, you can claim under your under-insured coverage if you have it. The $600 limit is only what the insurance company is responsible for under its own contract with its insured. But the carrier might pay more to protect their client from suit. You can sue the other driver for the excess amount, giving them credit for any amount they have already. You need to write a sharp but reasonable sounding letter to the other carrier.
Answered on Sep 24th, 2012 at 10:31 AM
Thomas Edward Gates
The other driver's insurance should pay for the loan balance and, provided you money if the value of the car was higher than the loan balance.
Answered on Sep 24th, 2012 at 10:30 AM
Consumer Law Attorney serving Denver, CO
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Chalat Hatten & Banker PC
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Based upon the facts you provide, you may have a claim against the other driver for the damages caused by his negligence. The damages would include the value of your vehicle (not the loan amount, but the actual "blue book" value) plus any additional expenses such as a rental car, etc. You should contact a personal injury lawyer to discuss your legal options.
Answered on Sep 24th, 2012 at 10:30 AM