Now What Should I do? My Car Accident Caused Damage to My Car in Excess of the Available Insurance.

We were contacted recently by a prior client who was involved in another car accident.  

Here are all of the details of the question:

I was recently in another car accident.  The other driver was at fault.  The damages to my car are estimated at $8,000.   The at fault driver only has a $5,000 policy limit for the damages.  Where will the remaining $3,000 come from?

ANSWER:

Keep in close contact with your adjuster. The other insurance company will most likely attempt to get you to take the policy limit of their insured.  Do not sign any release prior to fully exploring the possibilities.  There are two possible ways to collect the other $3,000:

  1. Look to see if the at fault driver has any assets or income that would make it feasible for them to pursue them personally for the excess due above of coverage policy limit.
  2. Check your own policy for Under-Insured Car Insurance.  (Since you were my personal injury client in the past, I am sure that I must have suggested that you get UIM/Under-Insured coverage added to your car insurance policy!)  This insurance is very important in a case like this because you can collect the difference between the at fault drivers coverage and your damages.

If you need a free consultation with one of our attorneys, call us right now!

 

Peter Steinberg, Esq.
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Los Angeles Personal Injury Attorney Since 1982