Auto Accident im at fault.?
Question:
i am financially broke.. any legal i can do?
Answer:
It sounds like you have only $10000 in property damage coverage, which is likely the state minimums. It is a shame the agent did not advise you to get at least $25000 in coverage when you signed up as it would not have cost a lot more. The owner of the truck likely has insurance and could well have underinsured motorist insurance coverage (required/offered in some states). Basically coverage for just this type of thing. You did not have enough insurance, so his insurance may kick in the difference. They (his insurance co) may elect to sue you, but if you have no money, will probably let it go as court costs and lawyers are expensive. Your insurance company only has to legally pay up to your policy limits, and I would be amazed if they paid out above that.
No matter how you look at it. You are liable for the damages.
You can't get blood out of a turnip. If it comes down to it, maybe filing bankruptcy? I would call an attorney that's in the family or that someone knows and get advice, it's usually free.
I don't understand. What is the reason your insurance company won't pay? This is what they are supposed to do. Is this some kind of fly-by-night outfit? Did you have a really cheap, limited policy? If you had an insurance policy in effect at the time of the accident, your insurance company should represent you.
If his car is only worth $10,000 and the cost of repair is more than that, he can't make you pay the higher cost. He has to take the value of the repair cost or the replacement cost, whichever is less.
Sounds like you need legal advice. See if there is a legal aid society in your area if you can't afford a lawyer.
First I would def talk to some legal aid or somehow get advice from lawyer. Second your insurance comp had no right to tell him to sue you and for that I would get online and do some research on that company maybe they are a scam, you can look them on on www.BBB.com check the company and file a complaint that will help you alot. Sue the ins comp for not representing you! If you do file bankruptcy I belive if that is your only car and only thing you have your name on they can not take it from you, but to be safer you cud be it in your parents name so then they cant take it for sure... if you know the year and type of truck it is look it up on kellybluebook.com and on ebay to see how much it even values at.
Your insurance will only pay the amount of liability that you purchased, in this case, $10,000.00. Sounds like you purchased the absolute minimum coverage you could. The other party can and probably will sue you. Don't fret --- all this means is a judge will review the case, determine how much extra you owe and will make a judgement on how you will pay it back. You will be allowed to make payments, (unless you own beach front property or something), and most times it will be within reason according to your income. If you BK, you will destroy your credit for at least seven years and the worst part is the judge MAY not release you from the amount you owe from the accident. It's up to him what you declare in a chapter 7. Believe me, a judgement will affect your credit WAY less than BK. I hate to even suggest this ...try to find a decent lawyer and ask for his help in a RESOLUTION vs dodging your responsibility. This could possibly be done without having to to go to court if you show a willingness to compensate.
If I understand correctly, the liablity limit on your policy was 10,000 property damage. The damage you caused was over 10,000. You're insurance is willing to cover up to 10,000, but no more.
This is normal.
There are a couple of things that can be done. First of all, calm down. As someone else said, you can't get blood out of a turnip. If you don't have it, they can't take it.
Most policies require a person to carry UNinsured motorist coverage. This WILL NOT help in this case, but you can find out if the other party (the guy you hit) has UNDERinsured coverage on his policy. If he does, all he has to do is file the additional damage on his insurance.
UNDERinsured coverage works like this: If I hit your car, and do 15,000 worth of damage, yet my policy capps out at 10,000, you would file on your insurance for the other 5,000. This keeps you from being tied up in court trying to get $$ I don't have.
Call the other person up and ask if they have this coverage. He may not even know he has it.
Good Luck!
Your insurance company is legally liable to pay that claim if your policy was in active standing. If they don't then contact department of insurance http://www.insurance.ca.gov and I assure Mercury will change their ways. Worst case the difference you would be liable for above the $10K. The owner of the vehicle u hit can file an uninsured motorist claim and a collection agency will go after you. Assure you notify DMV within 10 days of that accident also because if he or his company notifies DMV and you dont you can get your DL suspended. I would get your company to pay and try to work a deal with him for the difference. Feel free to contact me for any other advice. i am a licensed insurance agent.
What are your coverage limits?
sounds like you had the bare minimum of insurance coverage. Even if he had under insured coverage and chooses to file a claim his insurance will sue you to get what they paid out.
Your insurance did what your policy covered. Did your insurance cover your loss?
Filing bankruptcy has become harder to do. The laws have changed as of last year or two. The fact is a lot of people were abusing the system to get out of paying their debts.
nope, you're on the hook for this. This isn't Mercury's fault, no insurance company is going to help you beyond the policy limits!
This is how I see this playing out. . . This guy sues you . . .he gets a judgement for the rest of the damages, the court . .. attaches a lein to your house? OH, if you don't own a house, the judgement goes against you . . . but in the insurance industry, we call this "can't get blood from a stone".
They CAN attach your wages, but I've never seen them do this for a property damage only claim - If it were me, I'd just let my insurance company pay the rest of the damages under my collision coverage, and walk away. His insurance company also has the right to sue you, but I'm guessing if you have no assets, and don't make a ton of money, they won't bother, either - what good is a judgement if there's no way to collect the money?
Anyway. I'd strongly suggest next time, that you raise your BI limits to three times your annual income, and your property damage to $100,000 - it actually costs about $1 to go from $50,000 to $100,000. Then if there's another serious accident, your defense is, "Your Honor, I purchased a reasonable level of insurance - enough for most any car I could possibly hit, two even, and more than I make in three years. It's not like I'm a brain surgeon with six figures, and just being cheap, this is the most insurance I could afford."
It sounds like your policy limits for "Property Damage" (damage you do to other peoples property), is written at a level of $10,000. That's the first problem, it should have been written for more, BUT that's water over the dam at this point.
Forget about the bankruptcy thing, that would be a huge mistake, affecting your life for the next 7 years!
Assuming I am correct about the coverage limits being $10,000 property damage then that's all the insurance contract will allow the company to pay, and anything beyond that is going to be your responsibility.
I would NOT go to a lawyer at this point, it will only cost you more money.
I would talk to the person whose truck you damaged. Explain that you know that your insurance carrier is paying "policy limits", and explain that you wish (somehow) to pay for the rest of the damage over time.
Do NOT expect that his "uninsured motorist" coverage will pay for these damages, because in many state it (UM) would only pay for injuries caused and not for property damaged.
I believe that you are going to have to make arrangements with the other party, and as long as you act responsibly that is all you can do.
Hmmm, if all else fails ,do like a lot of others and sell everything you have and become a homeless person, with no address. If they can't find you they can't make you pay for anything. Remain homeless for a while and maybe when the heat dies down you can re-assume your life in a different part of the country. Ha. Ha. I'm just joking of course, don't let it get you down it'll work out , have the guy check and see if his insurance company will make up the difference. Then they will probably let you make payments.
you had insurance-so let them deal with him.i would not do ANYTHING , unless i got sued then i would act dumber than a rock-:i had insurance, why are you fussing at me? the insurance will try to get out of what it can. do not try to help at all untill insurance has done it`s part.
you should give me an a =D
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