i was involved in a car accident where the person who hit me was 100% at fault. the insurance company offered me the fair market value on my car, but i still owe 2300 on my car. i also had to go to the emergency room to be checked out. is it possible for me to make a claim with the other partys insurance company for the remaining balance on my car? i do not have gap insurance, how do i go about getting the other 2300 plus medical biils
You should speak to a personal injury attorney.
Is there a police report that assigns 100% of the fault to the other driver?
Did you miss any work?
What is the status of your health following the accident? Any lingering issues?
Was the car totaled?
If yes, did the loss of the vehicle impact you in other ways (e.g., job, etc.)?
You could, of course, represent yourself and tell the insurance company that you want an additional $2,300 for the pain and suffering and other damages, but I would strongly suggest that before you settle, you should review all of your damages with a personal injury attorney.
The remedy for the car is FMV, not extra money if you made the mistake of financing a depreciable object, however, if you sustained injuries, then an injury lawsuit in order
You can perhaps sue in small claims and seek to demonstrate that your car is worth more than you received and no fault will pay your medical bills.
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