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Im filling a claim against the person that hit my car?
Chicago, IL
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Posted 2 months ago in Car / Auto Accident
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Well my car accident was on 6/6/09 whiled parked, I was not in the car. I called the resposible person insurance and let them know were my car was towed, they never went to see the car. I called them to know what was the status of the claim, they never answered the phone, I will leave messages for them to call me back and they wouldn't. So I started a claim with my insurance. My insurance stated that my car is a total loss and they were only resposible for the car. They paid what the car was worth and I got stuck paying the rest that I owed to the bank, the bank told me to just to pay the price they gave me of the car, I didnt have to pay finance or interest. I was never provided rental or any kind of money to provide transportation. So should I start a claim in court, to get reimbursement
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Answers (2)
Stephen Laurence Hoffman
This attorney is licensed in Illinois.
Posted 2 months ago.
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You seem to have gone in the correct direction, but whether there is coverage for your additional costs would depend upon what your insurance policy says.
I would suggest you contact me to discuss this in greater detail at 773-944-9737. 
Donald Solomon Nathan
This attorney is licensed in Illinois.
Posted 2 months ago.
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You are entitled to coverage based on what is in your insurance policy. Because I have not seen your policy, it is impossible to give you an accurate answer as to what you have a right to recover from your insurance company. You should see an attorney who knows insurance law right away and have him read your insurance policy.
As for whether to start a claim in court, it depends on what you have a right to recover under your insurance policy. If all you have a right to recover is a tiny amount, it might not be worth bothtering. On the other hand, you might be entitled to quite a bit of money. It is impossible to answer without a good lawyer going over things in a consultation. Typically, a lawyer handling this kind of a case would take it on a contingent fee basis. That means a percentage of the recovery would be how you would pay for it. The consultation might be for free. Ask before you go to his office, but most lawyers are willing to take some time to go over things with you. The one thing that is for sure: you are not entitled to more than the fair market value of your car from your insurance company. They are NOT going to pay for the interest under your loan. That is your responsibility. Nor is the other party responsible for more than the fair market value of your car. That means the other party is not responsible for your interest payments either. The other party might have the duty to pay for your rental car or substitute transportation until you reasonably could replace your car, but not to pay your loan charges or your interest payments. If your banker told you not to pay the finance or the interest charges, I expect the banker was from Mars. Nobody would excuse this kind of payment in the banking business. I'm sure you must have misunderstood or that I am misunderstanding you. One way or another, you need to consult with an attorney as soon as possible. Donald Nathan www.donaldnathanlaw.com |
