How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask legalgems Your Own Question
legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 9903
Experience:  Just Answer consultant at Self employed
63726236
Type Your Legal Question Here...
legalgems is online now
A new question is answered every 9 seconds

I was hit by a driver directly behind causing major damage

This answer was rated:

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.
Hello. I am sorry to hear you were in an accident. Hopefully only property damage was sustained. What is your question please?
Customer: replied 1 month 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: replied 1 month 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.

Hello again; just checking in to see how things worked out;
if you have further questions please don't hesitate to reach out to me here on Just Answerand I will do my best to get you the requested information.
Thanks!

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:
http://www.americanbar.org/groups/public_education/public-information/how-do-i-find-a-lawyer-.html
Terms of service can be viewed here:
http://ww2.justanswer.com/terms-service-0#information

Hello again; just checking in to see how things worked out;
if you have further questions please don't hesitate to reach out to me here on Just Answerand I will do my best to get you the requested information.
Thanks!

I hope you feel I have earned 5 stars in getting you the information requested!

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:
http://www.americanbar.org/groups/public_education/public-information/how-do-i-find-a-lawyer-.html
Terms of service can be viewed here:
http://ww2.justanswer.com/terms-service-0#information

legalgems and 8 other Legal Specialists are ready to help you