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My Car Was Parked And Got Hit By Another Car

Having a dispute with a tenant or landlord? Rental Law discussion

My Car Was Parked And Got Hit By Another Car

Postby Bax » Sat Dec 03, 2016 8:53 pm

My car was parked and got hit by another car. The person had his mother as the insurer of his car cause he had trouble getting insurance for himself. He is 37 years of age. It has been 7 days and his insurance Co tells me that my car is totaled. I missed out of work and wanted to rent a car, but his insurance co tells me he has only $10,000.00 coverage.  I am at a lost and I cannot believe because the other driver fault I have to pay this hardship.I am still waiting and don't have the use of my car because his insurance adjuster is going on vacation for 1 week. I cannot believe this is happening to me when it was not my fault and my car lost its value and I just finished paying for my car loan. It is a 2005. I paid $18,000.00. Another thing his insurance adjuster told me that since it also involved a second car who he happened to hit, we have to divide it equally .  I have been ripped off. I am left without the use of my car and cannot afford a rental. what can I do?

ANSWER: Hi Stephanie, the first thing to do here is to have either the adjustor or someone else in the claims dept. send you a copy of the "declaration sheets" of the other driver's insurance policy.  Usually insurance policies are not written as "single limit" ones.  A $10,000 policy would be written as $10,000/$20,000 meaning that the most any one damaged vehicle would be covered for $10,000 and multiple vehicles would be covered for $20,000 total.  The second thing to do is to look at your own insurance policy under "Uninsured/underinsured motorist coverage".  I would be surprised if you do not at least $50/100K coverage on a 2005 vehicle.  If you do have the coverage then make a claim with your insurance company for the difference between your coverage and the other driver's.  If you do not have the additional coverage I suggest that you get at least 2 estimates of the damage, a copy of the police report, and any witness statements and sue the other driver.

---------- FOLLOW-UP ----------

Can I sue this driver by going to the Small claim Court or can I hire a Lawyer and tag the extra fees on to the damages. Thank you so much in advance for your help.

Stephanie  
Bax
 
Posts: 54
Joined: Tue Feb 11, 2014 12:34 am

My Car Was Parked And Got Hit By Another Car

Postby Erwinek » Mon Dec 05, 2016 5:25 pm

Hi again Stephanie, sure you can sue the other driver in small Claims Court.  Give them a call to find out the proceedure to file such an action and also your State's limitations as to the most you can sue for.  Different States have different high end caps.  If you hire an Attorney then his or her fee would be based upon a percentage of your ultimate monetary recovery and not "tacked on" to any court judgement.  Have you looked at the coverages on your own policy yet?  I am sure that since you financed your vehicle purchase the lienholder insisted that you carry more than merely $10,000 in insurance coverage.  Look there first because as I often tell my questioners "the best war is the one you never have to fight".
Erwinek
 
Posts: 52
Joined: Thu Jan 30, 2014 3:53 pm

My Car Was Parked And Got Hit By Another Car

Postby davide » Thu Dec 08, 2016 8:53 pm

My car was parked and got hit by another car. The person had his mother as the insurer of his car cause he had trouble getting insurance for himself. He is 37 years of age. It has been 7 days and his insurance Co tells me that my car is totaled. I missed out of work and wanted to rent a car, but his insurance co tells me he has only $10,000.00 coverage.  I am at a lost and I cannot believe because the other driver fault I have to pay this hardship.I am still waiting and don't have the use of my car because his insurance adjuster is going on vacation for 1 week. I cannot believe this is happening to me when it was not my fault and my car lost its value and I just finished paying for my car loan. It is a 2005. I paid $18,000.00. Another thing his insurance adjuster told me that since it also involved a second car who he happened to hit, we have to divide it equally .  I have been ripped off. I am left without the use of my car and cannot afford a rental. what can I do?

ANSWER: Hi Stephanie, the first thing to do here is to have either the adjustor or someone else in the claims dept. send you a copy of the "declaration sheets" of the other driver's insurance policy.  Usually insurance policies are not written as "single limit" ones.  A $10,000 policy would be written as $10,000/$20,000 meaning that the most any one damaged vehicle would be covered for $10,000 and multiple vehicles would be covered for $20,000 total.  The second thing to do is to look at your own insurance policy under "Uninsured/underinsured motorist coverage".  I would be surprised if you do not at least $50/100K coverage on a 2005 vehicle.  If you do have the coverage then make a claim with your insurance company for the difference between your coverage and the other driver's.  If you do not have the additional coverage I suggest that you get at least 2 estimates of the damage, a copy of the police report, and any witness statements and sue the other driver.

---------- FOLLOW-UP ----------

Can I sue this driver by going to the Small claim Court or can I hire a Lawyer and tag the extra fees on to the damages. Thank you so much in advance for your help.

Stephanie  
davide
 
Posts: 50
Joined: Sat Oct 06, 2012 11:43 pm


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