I was rear ended last Friday. My 16 year old son son was in the front passenger seat, we were wearing seat belts. The other driver's insurance company admitted fault, inspected my car and declared it totaled. They offered $10k for the car and informed me that they wont be able to pay for me to get a rental car while I am looking to buy another car. They said that $10k was the limit of their insured's policy for property damage. Since I had to go to work, I had them approve the rental car, which I have been driving for 3 days. Just yesterday they informed e that they cannot pay for anything above $10k. Can they do that? Am I going to end up paying for the rental?

Thanks

 

Sorry to hear about that.


Glad everyone is ok and yes they can. It all depends on your insurance you had and the coverage you elected when you signed up. Review that paperwork.

 

you will have to sue the other driver civilly to recover the rest of your loses.

 

OP, check your policy. If you have uninsured or underinsured coverage, your policy may pick up the difference and pursue the other party. Call your agent as well.

 

Not totally true. He can exhaust the coverage he has and the coverage the other person has before he needs to sue in a civil court.


OP find out what coverage you actually have and what they actually have so you know what you can and cant do.

 

Why are you not dealing with your insurance company?
With a totaled vehicle I'm sure you took photos,called the police and have a police report?

You don't deal with the other insurance company.
Your insurance company does.
Your automobile insurance covers the cost of a rental vehicle

Telcoman

 

Talk to your insurance company an let them do the leg work, that's what you pay them for!

 

I suspect the op does not have proper insurance or no insurance?
Not only is he possibly on the hook for the rental car but also for its loss of use if he didn't have proper insurance.
Sound like he's fvcked to me?
Why ask for advice on a public forum and not communicate with your insurance agent?

Telcoman

 

ohhhhhh. Well that would have been good to know if the OP wanted better advice.

If that's the case then yes he is on the hook for the rental. If that was the policy limit in the only insured driver that's it period. He might be able to negotiate with the insurance company, but I doubt they will be of any help.

The only option is to sue the other individual in civil court, which might not be worth the effort unless there was tremendous pain and suffering of major property damage.

 

Perfect! ^ Why do you think you pay those big $$ for insurance? They should be representing you, that's why you hired them! Tell your insurance company what you want for your G, $10K isn't enough!
Gary