I have just the liability insurance, so I cannot get any help from my insurance company. My car is fixed in body shop and I don't have money to pay the car mechanic to get it back. Her insurance company is not committing anything. They are waiting for final claim from one more car she banged. What should I do? They didn't even agree to pay for rental.
Is it safe to pay the car mechanic from my own pocket and later get the money from her car insurance company?
Should I go to a lawyer? If yes, recommend me a good and cheap lawyer in and around washington DC?
Can I sue the other person for my entire damage? Or both, her insurance company and her? as they didn't even agree to pay for my car rental, and also not paying for my car damages.
Can I claim for the car depreciation due to this accident from the other person?
2007-02-19 11:41:02 · 7 answers · asked by rajagrawal_99 1 in Cars & Transportation ➔ Insurance & Registration
just remind them that under the absolute liability clause they are resonsible to cover the repair.they dont expect people to know about the clause
2007-02-19 13:59:52 · answer #1 · answered by doug b 6 · 0⤊ 1⤋
The insurance is doing the what all carriers do in a multiple car accident where their policy holder has small property damage limits....they are waiting for final damage amounts from ALL parties before committing to payment. This is not unusual-it is standard practice.
IF they have a limits issue (the policy limits doesn't cover everyone's damage) once all receipts are in they will apportion the policy limits accordingly to each effected party.
If you are able to pay for the repairs to get your vehicle out of the shop I strongly suggest you do so, otherwise, the shop can put a lien on your vehicle and/or sell it right out from under you...and its perfectly legal. You will receive reimbursement for the damages at some point.
This is why you NEVER authorize repairs to your car until you know for absolute certain who is paying for the repairs.
You do not have to accept the apportionment; you can sue the person, but that doesn't change the limits. The insurance company can only pay you the fair share of the policy limits. If you sue the person, DO NOT SIGN ANY RELEASES with the insurance company and DO NOT CASH ANY CHECKS from the insurance. You'll want to sue the driver/registered owner for the FULL amount of your damages, including rental car charges. Once you receive a judgement against the party, then accept the apportionment, but do not sign any releases....and then take steps to secure the remaining amount of damages from the person direct.
Lastly, you ask about a lawyer....here's a thought? Talk to the district attorney prosecuting the case....advise him of your damages and ask for restitution.
But do not sign any releases--if you do, you are unable to go after the person for the damages the insurance didn't cover.
Okay I lied....one more thing....is the driver of the vehicle also the registered owner? If not, find out who the insurance company for the driver is as you may be able to get the rest of your damages from them. Insurance on the car is primary, if the driver has their own policy it is secondary.
2007-02-19 13:57:33 · answer #2 · answered by bundysmom 6 · 1⤊ 0⤋
Excuse me, you have the cart before the horse here. Did her insurance company even look at the vehicle before you took it to the body shop for repairs? If the cost of the repairs is more than the worth of the vehicle, they have the right to total it, pay you just what the vehicle was worth, and then take your car, fixed or not.
Who authorized the repairs? Please tell me you didn't just decide to take it in and get it fixed. You now have a body shop bill that someone has to pay.
I hate to recommend attorneys becoming involved, but in your case I think a consultation is called for.
I do wish you luck.
2007-02-19 12:43:49 · answer #3 · answered by oklatom 7 · 2⤊ 0⤋
You'll have to sue her in small claims court if the damages are less than $1500, you shouldn't need a lawyer if your police report say she was liable and she received tickets then all you need to provide is proof of the costs when you sue to get your money, but you need to pay and get your car back this could take months, especially if her insurance is cheap.
2007-02-19 11:46:42 · answer #4 · answered by bbwgemini67 1 · 0⤊ 1⤋
First, check nada.com for the value of the vehicle
Next, file a claim with her insurance company. They will pay out upto her limit.
Finally, take her to small claims court to recover the rest of the amount.
2007-02-19 18:02:05 · answer #5 · answered by PeppermintandPopcorn 3 · 0⤊ 0⤋
i own a shop and i have been through this before,you need to get in touch with her company,and don't pay for anything right now out of your pocket,make do the best way you can because if you pay the may offer you about half of what its worth,and that's not going to help you,id get in touch with her company ,and if they don't talk reasonable about it get a lawyer ,and let him handle the rest of it,you,ll come out better that way any way but don't pay for nothing right now,and keep track of lost time,and everything,you may be compensated for it later,good luck with it,i hope this help,s.
2007-02-19 11:50:08 · answer #6 · answered by dodge man 7 · 0⤊ 0⤋
Get a lawyer. She either had minimal insurance or you have an expensive car. I wouldn't pay anything out of pocket. Sue ! It's the American way. Sure you weren't sitting in the car and substained a back/neck injury ? Think about it !
2007-02-19 11:46:35 · answer #7 · answered by Warren 2 · 0⤊ 3⤋