I was in the car with him and he lost control and smashed into a tree. I have liability only on my car and he has full coverage on his. I have been reading up and most laws say that if the damage exceeds the limits of my policy that it would then go to his policy. That usually is talking about damages caused to the other car or party that gets hit. Can this apply to my damage also? Also he is not poor but I am not sure he has enough to pay for everything I need to repair my car. Can the garnish wages or put him in debt? And if he lives with his parents still and on their insurance policy can they be held responsible? (They are very well off and that why I ask) I am not trying to rip someone off but I feel that I should have my car fixed considering he wrecked my car because he let off the clutch too quickly and lost control.
You were a passenger in a car. The driver of that car "lost control and smashed into a tree". Therefore, you have a claim for your bodily injuries against the driver of the car. Your claim will be submitted to the insurance company that insured the vehicle you were a passenger in. If the bodily injury policy limits of the insurance on the car you were in are exhausted, then you can make a bodily injury claim with your own insurance. Contact an injury lawyer to represent you and navigate through this for you to get a good result.
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