Accident

[pjcar41]

I got into an accident In San Diego,CA on October 22nd 2015.

My question the driver who hit me and it has been determined that she is 100% at fault does not have enough insurance coverage to pay all the damage she did so now I will have to pay my 300 delectable and about 3 weeks of rental car out of my pocket.

Also I talked to her insurance company and they said there is not enough to reimburse for that also the diminished value will be high because of the $16000.00 damage they can not pay that either .

My question is who do I sue for that money?

Also my insurance company over valued my cars worth and will not total it what can I do to fight?

Thanks

 

[justalayman]

You sue the person that caused your damages; the driver of the car

The insurance company is paid by the owner of the car to indemnify them should they be found liable for damages related to using their car. The insurance company would owe you nothing in any situation.


It does appear the required level of insurance for property damage is woefully low. If she has no more than the minimum required I can understand why there is money to cover your damages.

When suing a person;

first, if you take payment from the insurance company, it will certainly include a release of liability. That means you got all you are going to get although you can separate property damage and bodily injury and settle on each individually. Just be certain what you are doing if you accept payment.

Next, if the driver has nothing to take should you win your suit, suing may be a effort in futility. On top of that, they can file bankruptcy if they meet the requirements to do so and defeat your judgment.


if your insurance is paying you, ask them if they are going to seek reimbursement for your losses, including your deductible and car rental and how any recovery would be divided (what goes to you and what goes to reimburse your insurance company).

as to your insurance company not properly evaluating your car or losses; you can seek other opinions. You can also contact the state board of insurance.

 

[pjcar41]

Another Question

You sue the person that caused your damages; the driver of the car

The insurance company is paid by the owner of the car to indemnify them should they be found liable for damages related to using their car. The insurance company would owe you nothing in any situation.


It does appear the required level of insurance for property damage is woefully low. If she has no more than the minimum required I can understand why there is money to cover your damages.

When suing a person;

first, if you take payment from the insurance company, it will certainly include a release of liability. That means you got all you are going to get although you can separate property damage and bodily injury and settle on each individually. Just be certain what you are doing if you accept payment.

Next, if the driver has nothing to take should you win your suit, suing may be a effort in futility. On top of that, they can file bankruptcy if they meet the requirements to do so and defeat your judgment.


if your insurance is paying you, ask them if they are going to seek reimbursement for your losses, including your deductible and car rental and how any recovery would be divided (what goes to you and what goes to reimburse your insurance company).

as to your insurance company not properly evaluating your car or losses; you can seek other opinions. You can also contact the state board of insurance.

The person has a very good job as an RN.
Would it be a good or bad idea to contact them directly to see if they will settle with me?

 

[ecmst12]

Likely a waste of time. You can reject the money from the insurance company and sue her, but you're likely to have a hard time collecting even if you win, and it will take a long time. You're better off using your own insurance and paying the $300. Anything else would end up costing you more.

 

[LdiJ]

I got into an accident In San Diego,CA on October 22nd 2015.

My question the driver who hit me and it has been determined that she is 100% at fault does not have enough insurance coverage to pay all the damage she did so now I will have to pay my 300 delectable and about 3 weeks of rental car out of my pocket.

Also I talked to her insurance company and they said there is not enough to reimburse for that also the diminished value will be high because of the $16000.00 damage they can not pay that either .

My question is who do I sue for that money?

Also my insurance company over valued my cars worth and will not total it what can I do to fight?

Thanks

Aren't you better off if they are going to fix it rather than total it?

 

[davew128]

Depending on your insurance company, you may get the deductible back if/when it goes to subrogation and the other insurance company pays out to the limits. I would question why you don't carry rental on your policy. For $25/year its a no-brainer.

 

[pjcar41]

Depending on your insurance company, you may get the deductible back if/when it goes to subrogation and the other insurance company pays out to the limits. I would question why you don't carry rental on your policy. For $25/year its a no-brainer.

I do have rental but it only covers 25 days and that is up and my car will not be done for at least 3 more weeks.

Thank You

 

[pjcar41]

Another Question

I just found out that the person who hit me was driving on a suspended license and has a history of 2 other accidents also got a speeding ticket and did not go to court for that.

Geico is covering the accident which is her ins. does any of that new info help me on my bodily injury or my damage claim?

Thank You

 

[HighwayMan]

If you think it's going to get you more money you're wrong.

 

[pjcar41]

If you think it's going to get you more money you're wrong.

Only was asking if it would help case or not.

Thank You

 

[pjcar41]

If you think it's going to get you more money you're wrong.

I have to ask are any of the people answering questions here and actual attorney ?

Thank You all

 

[ecmst12]

Does it matter? The other driver's license status and history have no bearing on the circumstances of this accident or on the severity of your injuries.

 

[pjcar41]

Does it matter? The other driver's license status and history have no bearing on the circumstances of this accident or on the severity of your injuries.

It does to me the lawyer that I met with a few hours ago does not agree with some of this just asking sorry to bother you all I will not post here anymore please delete my account.

And yes if the person answering the questions knows the law.

 

[Zigner]

It does to me the lawyer that I met with a few hours ago does not agree with some of this just asking sorry to bother you all I will not post here anymore please delete my account.

And yes if the person answering the questions knows the law.

I'd speak to a different attorney...just sayin'

 

[RRevak]

Aren't you better off if they are going to fix it rather than total it?

If the car is essentially being re-built (with $16K in damages it sounds like it is) then no as resale becomes problematic. My husband had the same thing happen to one of his vehicles. Car should have been totaled but insurance company decided to shell out $13K to repair. Came time to trade in for something else and no dealership would touch it. Ended up taking a massive hit when he was finally able to find a private buyer willing to purchase despite the history. Its nice its being fixed but will bite OP later on. I'd fight it too.