Had flew through a stop sign smashing my frontend, then the other driver hit a parked car. The insurance company said the at fault driver has $5k in property damage on his insurance. That $5k has to be split between parked car and I. My truck is nada at $12k in March 2017. I own this truck out right! I will not settle for less then what it's worth. The insurance company said it's probably totalled, $3k per air bag to be replaced, front end (hood, fenders,lights, bumper,grille,radiator there is about $8k+ in damage. How do I go about suing the at fault driver and going after the insurance company? The at fault driver and I both have the general insurance company. Can I demand the insurance company to pay more? I was told that the insurance saves money by combining the $5k property damage, and it should be $5k property damage per vehicle. Help! Thanks
Whoever told you about how a PD limit works should keep their misinformed information to themselves. The PD limit will be stated as "Per accident", look at your own policy. You're stuck, the at fault does not have enough insurance. The 5k should be proportioned by the loss each of you suffered. So if your loss totals say 10k and the other parties is 5k you should get 2/3s of the 5k or $3,330.00. So you need to see the repair estimate or TL value of the other parties vehicle. Plus since the insurance cannot make you whole you should retain the salvage. Then you can sell the salvage and sue that at fault party. Problem will be if they only had minimal limits they are probably judgment proof. You should ask that insurer to provide you with an assets check on their insured to confirm that. Good luck.
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You have no claim against the insurance company which only provided as much insurance as they were contracted to provide. You can certainly sue at fault driver for the shortfall.
You should probably go through your own insurance if there is not enough coverage available to pay for your total loss.
Check to see if you have underinsured property damage coverage on your own policy. If you do then you'll be able to get more from them.
I am assuming you did not carry comprehensive coverage on your vehicle. In that event then your only claim is against the driver of the other vehicle. His insurance company is liable for the limits he purchased--nothing more. The driver remains responsible for the full extent of the loss. You can sue the driver in small claims court. (Be sure any release you are asked to sign from the insurance company specifically--specifically--specifically---allows you to sue the driver for the remaining amount of the loss.) If you are successful, the driver will have to use personal funds to pay the judgment. If he does not pay, his license can be suspended until he does pay. That can be an incentive for the driver to find the money.
If you feel this is the "best" answer or is "helpful," please indicate. Since I am limited to the information you provide, I cannot guarantee the accuracy of the answer. You should seek the advise of an attorney who can explore all aspects of your question. This communication does not form an attorney client relationship.
you file in small claims against the other driver. You tell him you'll ask to have his license suspended if he doesn't pay you.
Your brother has an injury claim. If he has no insurance of his own your truck insurance has medical that will pay for his treatment. If you have more questions feel free to call.
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