On Oct. 22 I was in a car accident that was caused by another vehicle. this vehicle was creeping down the high way an when my fiance and I came over the hill down into the valley they hit there brakes making it so we either hit them or had to swerve, swerving to avoid colliding with the other vehicle, my vehicle spun out into a guard rail. the other vehicle no where to be found. the officer even stated there was something in the road that had caused my fiance and I to swerve. The insurance company has kept up with me fairly well, but only willing to offer 1000 medical comp. and then are telling me they have to pay the lien holder and that i am not entitled to compensation for a new vehicle. I feel this is extreme, due to the fact that i made payments on the vehicle and payed the insurance.
consult a local attorney as soon as possible and get advice from someone who knows what they are doing.
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Personal Injury Lawyer
I agree with Mr. Varble. You will want to talk to an attorney in your area. There may be something an attorney can negotiate on your behalf. But it will depend on the policy you have, as well as the situation with the lien holder of your vehicle. You can use AVVO's find a lawyer tool to find a reputable one in your area. Good luck with this.
If I understand your question correctly, you should be entitled to payment for the value of your vehicle. If you truly have "full coverage," then you should be covered for damage to your car, even if you accidentally cause that damage yourself. I can see your insurance company denying you benefits for an uninsured motorist claim arising out of this situation, but you haven't specifically said you were seeking payment for personal injuries. Generally, to make a successful uninsured motorist claim in Iowa, there must be contact between your vehicle and the "phantom" vehicle.
Best bet is to have one of the above lawyers in your state investigate
Real Estate Attorney
I am guessing, and only guessing, that the value of your vehicle is less than or equal to the loan balance. That may be why you are not getting anything to put in your pocket toward a new vehicle. On the bright side, that means your loan is paid in full, and you should be able to get a loan for a new vehicle. But to give you an answer, you would need to discuss the situation in detail with an attorney.
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