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A driver was on his cell he hit my car as well as someone else's and insurance says its protated theyre giving me half of value

Iam in the state of Ca, my car as well as someone else's car were both hit by a guy that admitted he was on his cell and admitted he was drunk but the cops dint bother to do a test of any kind. Now 2 months later the insurance is offering me hAlf of what my car is worth and told me I cant do anything against them because he hit 2 cars and both were totalled and he went over his coverage limit, its very stressfull knowing that they're protected by law and can get away with paying me half and not even what I paid for the car when I bought it less than 3 months before the accident.Please help, thanks.

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Attorney answers (1)

Reputation Level 10
You should require the insurer to send you a copy of the defendant's policy so you know what his liability limits are for property damage. And you can demand the defendant's financials since he is liable and insurance is just a form of payment. You don't have to settle this, you can sue him/her.

And what about your own insurance, you surely have collision on a new vehicle? Why doesn't your carrier pay for the loss and get your deductible back from the defendant's insurer so you are made whole?

By the way, loss of use of your case is also recoverable from the defendant and you may have some rental coverage under your own policy.

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