Car accident and insurance?

Question

My friend's car got hit from behind on the freeway and she only got libilities so her insurance doesn't pay to fix her car. The guy who hit her is a teen and his insurance is under his mom's name. His insurance is paying only $10,000 maxium. The cost for total fixing is going to be $13,561. My friend can't pay the difference of $3,561.

Now what can she do? Is that the responsiblity of the guy who hit her? should he be the one to come up with the rest of the money? or is she out of luck? The car is in the collision center now.

She's losing sleep and having headaches and sore neck, etc.. and missing work... and she still hasn't go see a doctor.

Any advice for this poor girl?

Answer 1

His insurance will not under any circumstances pay more than his coverage level.  The alternative is to sue the other party, though that doesn't guarantee that you'll ever collect.

Answer 2

sounds like the guy is carrying only state minimum coverage.  his policy will NOT pay more than the limits of his policy.  if your friends policy has under insured motorist coverage, she can claim the difference on her policy.  if she is carrying state minimums also, chances are she does NOT have that coverage though.  have her call her agent to see.  if she cant claim on hers, she would have to sue the guy to get the difference, and more than likely he wouldnt pay anyway and she would be stuck with the difference.  Thats a large claim, im surprised they did not total her car out.???

Answer 3

Your friend will have to settle the difference of $3,561 with the driver or owner of the car.  Once the property damage (PD) limit is hit (in this case it sounds as if it is $10,000) then the insurance company will simply cut the check and walk away from their insured party.  You can try to get them to pay simply by talking to them, taking them to small claims court, or hiring an attorney.  It's your choice.  They are legally liable but that doesn't mean much if you can't collect.

The bodily injury (BI) that was sustained by your friend falls under a separate part of the faulty party's insurance.  It has different limits and are not in any way affected by the property damage payment.  Normally the BI is greater than the PD.  Your friend can go to the doctor and get treatment with full expectation that the faulty party's insurance will eventually pay the bill.  She might have to up front the cost, but it should be reimbursed to her or her insurance.  If she has personal injury protection on her policy, it will cover up to it's limits without any hassle.  Her company would then subrogate back against the other party's insurance.

My advice is to get medical treatment and try to settle up with the other party for the $3,561.

Answer 4

Get a lawyer and sue the car's owner for the difference (plus costs.)