Mirror of Justice - All about Law and More
*Home>>>Insurance Law

After a car accident, can you be compensated from your insurance company AND sue the driver for more money?


I was involved in a car accident a few days ago where my car was a total loss. My insurance company determined the value of my car and paid off my car loan and gave me what was left over in the form of a check. I now hear that once the other driver's insurance is contacted, they will then reimburse my insurance company for what they paid to me. Can I still personally sue either her or the company she was driving for for some more money?

the insurance companies settle the property (car) damage seperate from medical and suffering suits in most cases. if you want to sue you would be suing her insurance compay in a sense. you are suing her fualt in driving but it is the insurance company that will be paying so it will be their lawyers.

if you want to sue then you need to retain an accident specialized lawyer. do not make any statements to her insurance company from this point out if you choose to do this. but you must contact the lawyer asap. do not mention to her insurace company you are suing. contact an attorney and let him/her inform them.

you really have to watch what you say becuase even something that seems innocent can be a case ender for you. that is why i say dont talk to her insurace anymore and contact the attorney right away.

now you are only going to get something if you were injured. you will not be able to get more for the damage to your car.

I was a sheriff's deputy and seen a lot of people kill their suit by talking without an attorney.

Yes, assuming you have not signed a release. It sounds like all your insurance company did was pay for your property damage.

You have the right to be made whole; that is to be put in the same financial position you were before the accident. If your insurance company paid you the fair market value on your car, you won't get any more from the other company on that part of your claim, but if you have any medical costs, loss of wages, or unrecovered value of your car, the other company should be forced to reimburse you for that, above and beyond the amount they pay back to your insurance company.

It is unlikely that you can sue the other driver or her insurance company. Generally, motorists sign a standardized contract that assigns the right of subordination to his or her insurance company. That is, the motorist waives the right to sue the offending driver or insurance company, passing that right onto the motorist's own company. In insurance contracts, this clause is known as the "subordination clause."

Tags
  Legal Ethics   Landlord and Tenants   Labor Law   Juvenile Law   Investment Law   Intellectual Property   Insurance Law   Immigration Law   Health Care Law   General Civil Litigation   Family Law   Estates Law
Related information
  • Is it a HIPAA violation if my insurance provider force me to go to a lab if I have concerns about my privacy?

    Given where you work, this would be a breach of your HIPAA confidentiality. Formally write a letter to your insurance carrier and send it CERTIFIED MAIL. Adivse them that you are uncomfortable ha...

  • Grandmother wants guardianship for insurance reasons, Should we give it to her?

    I would recommend a temp guardianship, this has to be refiled every 6 months. This way the child does have medical insurances which is very important in case something happens as I know you know. B...

  • How good is health insurance in America when a woman has a child? Is this a reason for so many abortions?

    America has a program called Medicaid that is available to all pregnant women that are lower income. Medicaid is covers 100% of all medical bills and medication for approved physicians and hospital...

  • Is heaven a good insurance policy?

    Wait, faith IS the insurance! So the customer wants to re-insure against the risk of their faith in God fading? Some believer your customer is. Heaven is a policy that supplies more personal ...

  • How can I find out if life insurance policies were done behind my back ?

    You can not take out an insurance policy on a person without that person's permission or the parents permission if that person is under 18.

    ...
  • Can we sue our insurance company for neglect, distress and loss? more details>?

    This sounds horrendous. I'm assuming you are in the UK. If the insurance company won't pay up, this is known as 'avoiding the policy'. There are many reasons for this: not ...

  • Legally covered despite car insurance that expired?

    Nope, no legal options. I would suggest getting insurance before the next accident. You may want to try a website that compares multiple companies at once to get you the best price. I am paying l...

  • If being treated for medical condition and insurance lapses Does ins. company still have to pay.?

    Once your insurance lapses the insurance company does not have to pay. Find out if you old company has a COBRA plan and get on it ASAP. It will be difficult to impossible to find an insurance com...

  •  

    Categories--Copyright/IP Policy--Contact Webmaster