QUESTION

Can I go after the at fault insurance company?

Asked on May 13th, 2016 on Automobile Accidents - Kentucky
More details to this question:
My girlfriend was in an accident that wasn't her fault. My insurance wants to total my car. But would leave me without a car no way of getting another car. Both parties have insurance. Can I go after the other insurance company? What are my options?
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1 ANSWER

Personal Injury Attorney serving Cincinnati, OH
2 Awards
The key issue here is the fair market value of your car. If the repairs to your car would cost in excess of the value of your car, then the insurance company can "total" the car and pay the market value.  Insurance companies tend to be pretty consistent with property damage, so you may get a similar response from the other company. You can take a run at the other driver's insurance.  However, your options are somewhat limited as the other carrier may likely respond as your own insurer did.  Note too that if your car is totalled, then you do not get a rental car.
Answered on May 17th, 2016 at 11:41 AM

Answers do not constitute legal advice and do not create an attorney/client relationship. Call to discuss your particular legal needs.

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