The guy rear ended my new car that I just purchased 8 months ago. What are my rights? My insurance company is going out to determine if it can be fixed, however, the car is totalled..I'm making his insurance pay. Should I sue for damages? My main concern is that I was slightly upside down with my new car, and I just don't want to recieve a check of the value of my car ($16,000) when I still owe $18,000 and go through the fiasco of coming up with a down payment. Will his insurance pay out the value of the car, especially damages? I told my insurance company I had a headache after hitting my head.. Has anyone experienced this?
2007-04-07 04:17:58 · 15 answers · asked by bunka24 2 in Cars & Transportation ➔ Insurance & Registration
You had the option when you bought and insured your new car to put on GAP (also called VSI, Vendors Single Interest) insurance which would take care of being upside down and would pay the car off in case of a total by paying the difference between the insurance and what you owed. You obviously opted not to accept it, so you will be stuck for any difference. It will do you absolutely no good to sue anyone, insurance is responsible for the worth of your vehicle, adjusted for condition, at the time of loss. NOT what you owe, or replacement value.
2007-04-07 04:34:33 · answer #1 · answered by oklatom 7 · 0⤊ 0⤋
Most likely, his insurance company will pay your loss--- 16,000-- and your insurance company will get that for you, plus any medical expenses if you incurred any. From your description, it doesn't sound like you went to the hospital to get checked out at the time of the accident. His insurance is not going to pay you anything more than the value of the car, if it's totalled. Owing more than the car is worth is your arrangement with the bank or finance company that you agreed to when you purchased the car. They will not be paying the $2,000 difference over the value of your car. A lawsuit is not going to help you, because it looks like you've suffered no loss, other than your car. And it's a simple traffic accident.... no glaring wrongdoing sticks out here. Was the truck driver ticketed for not having the proper driver's license classification to be driving the truck?? Was he ticketed for overweight?? These things might make a difference if you chose to sue. If you did try to sue, it would be a very small amount, and the attorney would get at least 30% of it. And it would take forever in the court system to get it. You can't expect someone else to fix your financial difficulties.
2007-04-07 04:36:55 · answer #2 · answered by dathinman8 5 · 0⤊ 0⤋
My father is an insurance agent for State Farm and he would say no. Why would you sue? That would be wrong and childish. Is the headache from all the problems after the accident? Was he at fault? Grow up. Accidents happen. No he should not have to pay the rest of the $18,000 and the insurance will not pay it. Why should they have to pay your $18,000 left. My dad still owed on my car when I totaled it. The insurance did not pay him for the rest of the money owed. He sold the parts of the car to them since the total amount to fix it was more then the car was worth. His insurance or yours can buy the parts to the car and give you money for it to pay off the $18,000.
2007-04-07 04:29:22 · answer #3 · answered by sis74100 4 · 0⤊ 0⤋
You're going to get the value of the vehicle and what you owe has no bearing on it! If you owe more than it's worth and you don't have gap insurance, keep making the payments!
As for "medical" they will pay any ER bills or such but headaches doesn't constitute "serious" injury so again, you will not be receiving any settlement checks other than the vehicle pay out and medical bills.
Don't be in haste to sign anything because your injuries may develop into something more serious with time! Once you sign with the carrier, you are done!
2007-04-07 09:14:06 · answer #4 · answered by Anonymous · 0⤊ 0⤋
ah.. i see your one of those people who thinks the world owes you something. It was an ACCIDENT.. its not the lottery.
Its not the at fault parties insurance fault that you owe more then your car is worth... lawyer or not.. you will NEVER get more then the actual cash value of your car. How would that be fair? There job is to get you in preloss condition.. you will be... youll have the amoutn of money your car was worth.
As far as your "injury"- you arent getting crap unless you are really injured and treat for the injury. MAYBE... they will throw a few hundred bucks at you to make you go away.
2007-04-07 07:29:19 · answer #5 · answered by Anonymous · 0⤊ 0⤋
The commercial company will offer your insurance(and you) a settlement amount-if it isn't enough then don't accept it. Your insurance should be explaining this to you-call them and inquire about the process if you don't like what they offer- you should be fully paid for your loss and be able to replace your car with another---etc.
2007-04-07 04:22:31 · answer #6 · answered by ARTmom 7 · 2⤊ 0⤋
one you should file for pain and suffering with his insurance cause has put you into a very satressful situation and a financial burden if he rended you be ruth less there is not much thye can do but pay you go to a chiropractor tell them you cant feel your big toe or some thing they cant find a pinched nerve and the insurance company cant say you not hurt cause it cant be proven
2007-04-07 04:21:59 · answer #7 · answered by cwilsonhappylife 3 · 0⤊ 2⤋
am professional driver/ all companies want to settle immediately so thye pay less /fact tell them payoff on car plus 15 % AND GO TO MEDICIAL for check up and thye pay / if u want to sue them it will be a long process//
2007-04-07 04:31:29 · answer #8 · answered by john z 1 · 0⤊ 0⤋
You need to talk to your insurance agent, laws vary from state to state. Headache, forget that you might get a bottle of aspirin if your lucky.
2007-04-07 04:23:27 · answer #9 · answered by Anonymous · 0⤊ 1⤋
Get a lawyer quick before you sign away any of your rights. You can find them on the TV, they advertise constantly on the TV it seems. The lawyer should be able to help you get at least even if not ahead.
2007-04-07 04:24:03 · answer #10 · answered by Fordman 7 · 0⤊ 2⤋