Okay im going to keep it short and simple, just need advice what should be my next step and what the hell people do in this situation because its messed up. Last year August, my car was parked on street and someone under the influence hit my car and 2 other parked cars and some property damages. Police came on scene and a police report was made, stating the person responsible as DUI.
Contacted my own insurance and they told me the car was totaled, and would pay me around 8k-9k i guess or was even less. Which is 6-7k less than then market value of the car. Few days later my insurance told me several attempts were made to the responsible party insurance and they cant make a decision and were not clear as what to do.
Same time my insurance decided to rescind my policy due to a hidden family member that i didnt tell them about, which they were fine for months and didn’t care.
So i had no insurance now and the other person insurance company didnt responded back to me or to the repair shop my car was at.
Took my car to a repair person
And guess what it got repaired in 4-5k in total, including towing and all, and it drove good and my previous insurance claimed it was totaled.
Moving forward i was out of 5k even though nothing was my fault; and the at fault person only has liability of 10k which if paid will be divided to all the parties involved. How does this system even make any sense.
What shall i do?
Posted by Able-Reaction8712
4 Comments
Need to pin this post for when people say they don’t need to list household members.
Anyways, your post is a bit… Confusing. Did they fix the car or not? If they did and it’s repaired, then there’s not much for you to do.
If it’s not and they are splitting the money, you could attempt to sue the other driver, but that’s going to be hard to collect and you won’t see any money until that is settled.
You should wait for the DA for the case to ask you about restitution and add all.of the damages to that. I had that happen minus the no insurance. My guy had borrowed or stolen the truck and hit my new truck breaking the axle off. Total repairs where about 28k. I had to use my insurance. He paid me back for the deductible and all of my car rental fees. It just takes a while but you will get checks every week or every so often. He is at fault and his insurance should pay for all damages. The only time this wouldn’t apply is if it’s not his vehicle or he doesn’t have insurance but the DA will send you a letter when they try his case. Make sure the police have your information. Hope this helps
So what you should do is continue pursuing the at fault party’s insurance.
Likely what that carrier means by “can’t make a decision” is that the at fault party is either in jail and cannot make a statement or is dodging all calls from the insurance company.
There comes a point where the insurance company has to look at simply the facts of the accident and make a decision. Which they will eventually. But they have to make every effort to get their insured’s side of the story. Most companies have a specific time frame at which they will continue to pursue their driver to get that statement, before making a final decision. It can vary by insurance company and also could be dependent on state laws. But I’ve heard insurance companies will often wait as long as 90 days to make a decision if they can’t reach their driver. But they will eventually make the decision, and with the facts, the decision should be in your favor most likely. But since several cars were involved, it’s possible their policy limits could end up exhausted and you may not end up getting much.
He will have to pay restitution for the damages he caused. The. District attorney will reach out to you as long as you have your info to the officer at the accident scene or his insurance will pay you out