i have liability insurace.If someone with NO insurance rear ends me and totals my car, will my insurance help?

Question

Will I need to go to court to make him pay? I'm still waiting to get through to my insurance provider

Answer 1

Your insurance company should pay you for the damage, you should have a non-insured driver's clause in your policy

Answer 2

Why oh Why do people answer questions when they don't know what the heck they're talking about. You have options. The first option is you can have your insurance take care of your damges. they will pay the MARKET VALUE (explain more later) on your vehicle. This is payable under Collision coverage so whatever your deductible they would dedcut this from your settlement. The benefit of doing this is 1. you are dealing with a company you know and should trust. 2. they can get things moving for you much more quickly that the other insurance company who won't even do anything till they complete their investigation. You say you didn't get any info on the other company or the other driver. this happens often once the police show up especially if you were taken away by ambulance. this being the case the other insurance company will probably have to request the police report in order to obtain your infomation. this can take days or weeks. being that your vehicle is probably a total loss I would handle under your own policy. Now as far as the settlement. An insurance company (or insured driver) only owes the fair market value of your vehicle. This is NOT a KBB or NADA value. The insurance company will do an evaluation based on they year, make, model, mileage, condition, attributes, tires and so on to get an idea of what your vehicle is worth. They will then contact the lienholder for what is called a 10 day pay off. Any money goes to the finance company first. What is left over comes to you. Being that your vehicle is a newer vehicle, this is where you will find out if you really got a good deal on your vehicle or not. What was the interest rate. If the insurance company is unable to pay off the vehicle as you had a high interest rate of the vehicle depreciated quicker than the the loan payments that were made, does not make the driver who hit you responsible for this. I know that probably doesn't sound right but they do not owe for whatever financial situation you may have. For instance you rear end a vehicle and total it and because they have bad credit they got into a vehicole from Joe's I'll GIve You A Good Deal auto yard and then charged 26% interest, why would you owe for that? Same situation. An insurance company only owed for a rental till a settlement offer is made whether you accept it or not, it is NOT till you find a replacement vehicle. In some states it is not owed at all but they will normally pay till the offer is made and then it would end. This is another reason why dealing with your own carrier is better. You mentioned you were not inured, yet you were carried away by the ambulance. Technically that is an injury and you may be able to file a Med Pay or PIP claim on top of a bodily injury claim you have with the other insurance company. I love that everyone recommends that you get an attorney. I'm not here to tell you what to do but 90% of the time the attorney causes more harm than good. and remember they're not doing it for free. They will take minimum 30% of what y ou could proably do on your own. If you do hire one, get a good one, not one of those you see on tv as they are almost always out for THEIR bottom line, not yours. also your deductible applies regardless of fault. Some states may offer a deductible waiver but that is dependent on the state and insurance company you have. Also as you were rear ended, this will not always have a negative impact on your rates. Most insurance companies only charge now for at fault accidents unless you're having several of these types of claims a year. I hope this helps you and I wish you lots of luck

Answer 3

No your insurance will not help you because you do not have the correct coverage. I have 5 vehicles 4 of which have collision the fifth has only liability (the value of the car was less than the added premium plus deductible...don't ask I live in Maine and the premiums are exorbitant) The fifth vehicle was stolen and totaled by a juvenile who did not have a license. My insurance company (Liberty Mutual) was sympathetic but without collision I do not have the coverage required to fix the car, only the car it ran into. So I ended up being a victim twice. I am currently filing a small claims suit against this kid and, since he plead guilty to the theft charges I will undoubtedly win the case, but it doesn't guarantee I will ever be paid. Sorry I can't give you better news.

Answer 4

If you only have liability insurance, your insurance will not do anything for you except cover any liability that is yours.

So if the guy without any insurance decides to sue you (because for some stupid reason he thinks you caused the accident). Your insurance will help cover your liability to him based on your coverage limits.

Unless you have uninsured or full coverages, the damage done to your car will not be covered, and you'll have to take him to small claims court to get a judgement in your favor to recover your costs. Mind you this will only be a judgement against him/her. If he/she decides not to pay, it's almost impossible to get the money out of them.

Answer 5

I you just have liability insurance, then no your insurance will not help you in an accident. Liability insurance is for other drivers, if you hit someone and it is your fault then you are protected with liability insurance.

Some states it is mandatory to carry at least liability, if you had full coverage then your insurance company would pay to fix your car and then go after the person responsible for hitting you and they would collect from them or take them to court.

As of now you are out of luck, even if you take them to small claims court if they have no money to pay it has just put a judgment on them in case they come into future money, which many with judgments would never claim money they would arrange for other family members to claim it so you could not take it away.

Answer 6

Liability coverage is for property damage and injury caused by you to others. Uninsured and underinsured motorist coverage only covers you for injuries NOT collision damage. In order to have coverage for your vehicle one of two things must be there (1) you must carry collision coverage and if you have a waiver of deductible and can identify the at-fault party, you will pay nothing. If it is a hit and run, your deductible applies (2)if you are rear ended and the person who hit you had insurance, their property damage coverage will pay to fix your car at no cost to you-you are even entitled to a rental car. You just need to find out their insurance information. Always a good idea to call the police if you are rearended so that a police report with the at-fault party's information can be recorded and you will have recourse against them.
Your liability coverage does nothing for damage to your vehicle.

Answer 7

You will need to go to court to get a judgement. Hopefully the police were called and a report filed. This should include the fact that he is uninsured. Your insurance company has no obligation to pay for the damages but MAY help you obtain a judgement. I had this happen and my company (State Farm) got the driver and his Fathers (owner of the vehicle) licenses suspended until payment was made.

Answer 8

This is looking like it is all on you, unless you had uninsured motorist insurance that would cover you in instances like this. In order for you to collect without uninsured motorist coverage, you would have to take the other party to court. This could end up being a lengthy process, and cost you money, as even if you win you may not collect rigvht away. You may get small amounts over many years. For more information go to http://www.auto-insurance-knowledge.com/uninsured.html

Answer 9

The answer is your insurance will try to collect from the other insurance company, providing the person that hit you has the coverage. With liability on your car, your insurance will not cover. Only other alternative is Civil Court, sue for the damages against the person that hit you.

Answer 10

Liability only covers the other persons property If you are at fault. If you have full aka collision than your co will pay an go after the at fault person but you will still have to pay your deductible

Answer 11

Make sure you keep the police report---when you go to small claims court. Need to get the insurance repair estimate and telling you it is totaled. Get the book value. NOW, did you buy uninsured motorist???