Question about car accident/insurance?

Gobyknows

You can take ANY accident to court. As for the insurance question... you need to ask your insurance agent that question. Only they can answer you with any kind of accuracy.

frank

his speeding doesn't really matter, how do you know he was speeding?

the insurance company will pay based upon the actual cash value of the car minus the deductible.

if it is more than what you owe, you get the difference, if less, you get the pleasure of paying the difference.

Chickie

Unless you can prove the other driver was speeding, your husband will probably be held 100% at fault. Geico will determine how much they will pay for your car, and if the finance company is listed as loss payee on your policy, they will find out how much is left on your loan. If the payout for your car is less than the amount you still owe, geico will send the payout to the finance company and you will be responsible to pay the rest. If the payout is more than what you owe, Geico will pay off the loan and send you the difference. if the finance company is not listed on the policy as loss payee, geico will send you the payout and it's up to you to pay off the loan.

Luna & Lawnboy

How does he know he was speeding? Was the other guy cited? Where was the point of impact to your vehicle? If the other guy was in fact speeding, you husband should not have pulled out in front of him. If he files against you, then your insurance company will determine liability. Depending on your state's comparative negligence rules, he may be barred from recovery.

You will get the Actual Cash Value for your vehicle. If you owe more, you will have to pay the difference. The insurance company will not pay off your loan. If you have GAP coverage, this will pay for the difference. If you owe less than the ACV, you will get the difference.

Daniel A

Odds are even if it is stated on the accident report that the other driver was speeding the officer still listed it as your husbands fault so your insurance pays for all the damage.
For the insurance Geico will take a blue book value of the car ( before it was smacked around) and will pay that towards the loan directly to whomever you got the loan through. If there is any left they will cut you a check for the difference. Since y'all have had the car for a few years odds are you are not upside down so you should get alteast a downpayment towards your next car. That all depends how far along you were in getting it payed off and how much the car held its value.
Good luck I have been in this situation twice.

pura_rosa

It will be hard to prove that he was speeding unless you find an eyewittness willing to go on record (not a friend, trust me they check)
and even so it will still be blamed mostly on your husband, maybe a 70-30 blame ratio, and No, the Insurance company will bluebook the vehicle and pay the financing company, hardly any money is ever left to the people who lost the vehicle as all cars loose value the moment you drive it off the lot.

Eat me!

Hope you have GAP insurance. They will pay the remaining amount left on the loan (whatever the insurance company does not cover) and no you will not get money to put toward another car. Your insurance company only covers the amount of the car that is insured. Unless there was a police there that has the speed of the other driver on record if not, you have no way of proving any type of negligence on the other driver. No matter the speed, your husband should have been paying more attention to what was going on around him. Why would he attempt pulling out when there is a car that is flying fast down the road?

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