Car accident not my fault and insurance company won't pay all expenses.
I was in a car accident(not my fault). The at fault partt's insurance doesn't cover all my medical bills and lost wages. My car was totaled because it was a 1989 Mazda and the payout amount wasn't enough to make a down payment on another car, let alone purchase a new one. Did I mention I spent $1300 maintaining the car 3 months before the accident? Can I sue the person who caused the crash for the balance of my bills and pain and suffering?
1 Answer from Attorneys
Re: Car accident not my fault and insurance company won't pay all expenses.
You leave a few items out. What do you mean when you say their insurance "doesn't cover?" Do you mean their policy limits are not sufficient, ir the insurer just is not offering enough? What injuries did you suffer, and how much are your medical bills? An at-fault party should cover medical expenses, but slight injuries (for example, you are a little shaken and little or no follow-up care is required) don't generally lead to the gold mine of "pain and suffering." As for the value of your vehicle, what you need for a down payment is not relevant. The value of the vehicle is its current value - not what you have paid to maintain it over the months or years. That is simply an expense of owning a car. See a lawyer or two to get specific advice, but keep in mind that they'll take 30-40% so what you net is the key.