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I was hit by a driver directly behind causing major damage

to by trunk, bumper, etc...
I was hit by a driver directly behind causing major damage to by trunk, bumper, etc. The car was deemed a total loss. The driver was a teen who was excluded from his mother's policy and their company has denied my claim.
JA: What state is this in? And how old is the car?
Customer: We are in Alabama. My car was a 2015. Driver car was 1996.
JA: Has anything been filed or reported?
Customer: A police report was made and I have a copy. I reported a claim to my company since their company denied it.
JA: Anything else you want the lawyer to know before I connect you?
Customer: My company gave me an offer price for my totaled car but I haven't signed the documents accepting their offer yet.
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Answered in 2 minutes by:
6/15/2017
legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 10,893
Experience: Just Answer consultant at Self employed
Verified
Hello. I am sorry to hear you were in an accident. Hopefully only property damage was sustained. What is your question please?
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Customer reply replied 5 months ago
What route should I take in my situation? I feel shafted because I am now losing $1000 due to the deductible. I no longer have a car and have no rental for now which means I was not at fault but am suffering all the loss.
Customer reply replied 5 months ago
I'm very frustrated that their company denied the claim.
If an insurance company will not pay for their insured's negligence then the individual may sue the actual driver based on claims of negligence. This is a common law theory and if the court finds the party at fault they typically enter a judgment for all damages proximately caused by the negligence that are also reasonaby foreseeable, such as cost of repair, rental car etc. Thy do not allow for lost wages in most situations (unless personal injury) because they find that it is not reasonably foreseeable since every one makes different wages (very illogical argument but unfortunately the prevalent one). Since a judgment is reported to the credit reporting bureaus that is often the incentive to settle out of court if a party knows they are liable.
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Hello again; just checking in to see how things worked out;
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Thanks!

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The above information is for educational purposes only. A consultation with a private attorney is recommended so they can apply the law to your specific facts, and suggest the best course of action. An attorney can be located here:
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legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 10,893
Experience: Just Answer consultant at Self employed
Verified
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legalgems
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