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| *Loan,banking and credit>>>accident insurance |
After a car accident, can you be compensated from your insurance company AND sue the driver for more money? |
I was involved in a car accident a few days ago where my car was a total loss. My insurance company determined the value of my car and paid off my car loan and gave me what was left over in the form of a check. I now hear that once the other driver's insurance is contacted, they will then reimburse my insurance company for what they paid to me. Can I still personally sue either her or the company she was driving for for some more money? the insurance companies settle the property (car) damage seperate from medical and suffering suits in most cases. if you want to sue you would be suing her insurance compay in a sense. you are suing her fualt in driving but it is the insurance company that will be paying so it will be their lawyers. if you want to sue then you need to retain an accident specialized lawyer. do not make any statements to her insurance company from this point out if you choose to do this. but you must contact the lawyer asap. do not mention to her insurace company you are suing. contact an attorney and let him/her inform them. you really have to watch what you say becuase even something that seems innocent can be a case ender for you. that is why i say dont talk to her insurace anymore and contact the attorney right away. now you are only going to get something if you were injured. you will not be able to get more for the damage to your car. I was a sheriff's deputy and seen a lot of people kill their suit by talking without an attorney. Yes, assuming you have not signed a release. It sounds like all your insurance company did was pay for your property damage. You have the right to be made whole; that is to be put in the same financial position you were before the accident. If your insurance company paid you the fair market value on your car, you won't get any more from the other company on that part of your claim, but if you have any medical costs, loss of wages, or unrecovered value of your car, the other company should be forced to reimburse you for that, above and beyond the amount they pay back to your insurance company. Between my company and my family, we have over 60 insured vehicles and too many accidents. It is unlikely that you can sue the other driver or her insurance company. Generally, motorists sign a standardized contract that assigns the right of subordination to his or her insurance company. That is, the motorist waives the right to sue the offending driver or insurance company, passing that right onto the motorist's own company. In insurance contracts, this clause is known as the "subordination clause." Slippery Rock University of PA course no. 23-329, Principles of Insurance |
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