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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Traffic Law
Satisfied Customers: 27646
Experience:  Lawyer. Former judicial law clerk. Worked for District Attorney's Office in Traffic Court.
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I was in a car accident, I was rear ended pretty hard. the

Customer Question

hello I was in a car accident, I was rear ended pretty hard. the other parties insurance company just called me saying that the have a property damage limit and the repairs on my car are going to exceed the limit. They told me to file a claim through my
insurance to cover the rest of the charges on my car. I only have liability insurance because the car was a salvaged title. what am I to do? can the other parties insurance do this? how can I get the rest of cost for repairs on my car please help!!!
Submitted: 1 year ago.
Category: Traffic Law
Expert:  Lucy, Esq. replied 1 year ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

The insurance company is only required to pay up to the policy limits, because that's the only coverage the other driver paid to receive. However, you can insist that they produce a copy of the policy before you agree to accept less than the total amount owed for the repairs. When they give you a check, read all the paperwork with it VERY CAREFULLY to make sure they're not asking you to waive your right to collect damages for the rest of the repairs. If so, talk to them before you sign anything or cash the check.

If the maximum property damage limit on the car is less than what your repairs will cost, you can sue the other driver for the difference. There is unfortunately no legal way to make the insurance company pay more than they're contractually obligated to pay, but you can make the person responsible reimburse you for the rest.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

Customer: replied 1 year ago.
can I request the other party to cover any additional charges for repair on my car. because I only have liability so my insurance wont cover anything on my end correct?
Expert:  Lucy, Esq. replied 1 year ago.

Your insurance or lack thereof is 100% irrelevant. The other drive has to cover the additional charges because they caused the accident. Insurance is for your benefit. Even if you had it, they couldn't make you use it.

Customer: replied 1 year ago.
ok so just to be clear. because the adjustor keeps telling me to contact my insurance company to pay for any additional charges. but whether I have full coverage or liability my insurance should not be involved right?
Expert:  Lucy, Esq. replied 1 year ago.

Right. If you had uninsured motorist coverage, you could choose to call them and ask them to pay for the rest, but that's up to you, not the other driver or his insurance company.