I was in a car accident, the other party was at fault, what should I be able to get from their insurance?

haapa_em1

Nothing, this is why you have insurance, you pay your deductible and get yours fixed, he pays his deductible and gets his fixed, at least that's how it works in my state we have no-fault insurance. If you live in a state that offers broad form insurance and you have it, then you don't have to pay your deductible when its the other persons fault. Why would you sue? The most you can sue for in my state is $500. I guess it would help with deductible but, to me its a hassle.
Yes its an unfortunate event, no one plans on getting into an accident, but I don't think you should be able to sue for anything, unless a person was permanently disabled or death. Then you should be compensated.

peterthegreat

Simply call the other party's insurance company and have them fix your car. No need to sue unless they don't cooperate. You should also notify your own insurance company in case you need their help working with the other insurance company. You are not filing a claim and so there is affect on your rates.

rcartwell

Compensation to be considered:

Medical expenses
Pain and suffering
Loss of wages if any
Damages to property ie. car
Ongoing medical expenses ie. physical therapy

If you decide to hire an attorney DO NOT talk to the other insurance company!!! If you decide to forgo hiring an attorney make sure your ongoing medical expenses are considered. Do not settle just to settle.

Secularly Speaking

the garage repair bill for the damage to your car. Don't expect to hit it rich. Insurers don't like paying out any more than what they are forced to. They are not charities.

gnookergi

Everything that you would have to pay out of your own pocket that was a result of the accident. EVERYTHING

Car repairs, doctors visits etc...

Luna & Lawnboy

Why do you have to sue? Why don't you simply call and file a claim against the at fault driver's insurance? Why is litigation necessary? However, if you find the need, you need to file suit before the statute of limitations expires. Depending on where you live, the SOL is anywhere from 1-6 years. You file suit against the at fault person, not the insurance company.

You should be compensated for the damage to your vehicle up to the Actual Cash Value, a rental vehicle and towing, if any.

If medical treatment was needed and/or you missed time from work you should be compensated assuming you do not have PIP coverage of your own.

You are not automatically entitled to "pain & suffering". Depends on where the accident occurred and if you are tort eligible. The threshold requirements vary from state to state.

paganmom

You don't need to sue if the other insurance is taking care of your needs. I suggest you contact your insurance carrier, they should handle things between you and the other persons insurance.

Basically the other insurance should pay for any damage to the vehicle or other property lost and any medical treatment.

gary s

Payment for what ever they broke.Depends on State liability laws.Talk to your agent about the claim,they should be negotiating a settlement on your behalf.Many states require that you sue if the damages exceed your insuarance coverage,to make up the difference.If a "No-Fault" state each person is reponsible for damages to their own property only,and the insurance pays accordingly.Insurance companies hate "No-Fault",and have tried to get rid of it for years.It lowers your premiums,and cuts their profits.

Enter Your Message or Comment

User Name:
User Email:
Post a comment: