Legal Question in Insurance Law in Pennsylvania
Auto insurance repair/replacement of damaged van
Almost two months ago our van was struck by another motorist turning into our path of travel. A police report was filed stating that the other motorist was completely at fault and she was isued a traffic citation on the spot. Thankfully no one was seriously injured, my wife was three months pregnant at the time. My question is this. Our van was repaired as much as it could be by a local body shop. They discovered a hole in the transmission in the process but the insurance carrier would not call it a total loss. A transmission is not readily available for this van and there is no date as to when it could become available. So at what point does this extended wait become a case against the insurance carrier to finally end this and declare it a total loss and get me a check so I can regain transportation? It's no fun making large van payments for a few months when you're driving an economy rental car with your whole family shoehorned into the back seat and no response as to when the van will be finished. Help!
2 Answers from Attorneys
Re: Auto insurance repair/replacement of damaged van
You should sue the person who struck you If anyone was inred an attny will likely help. Attny's typically dont get involved in PD claims only since the value of the service often outweighs the recovery.
Re: Auto insurance repair/replacement of damaged van
If the other driver has insurance, it will usually pay for a rental vehicle of the same type as your vehicle. You have a claim against the driver & his/her ins co for a rental vehicle of the same type as your damaged vehicle. You should contact the other ins co.
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