QuestionQUESTION: My daughter just had an accident where the police report says inconclusive (can't determine who's at fault because there are no witnesses). Our insurance declared that she was not at fault, but the other insurance declared her at fault. We have liability-only coverage on her car and her car was totalled. She suffered cuts and bruises, fortunately, but incurred ambulance and emergency room expenses. Because the fault was inconclusive, we can only charge our own insurance company for medical expenses. My question is, can we charge her pain & suffering from our insurance company? I would appreciate your help. Thank you.
ANSWER: Hi Riz,
I'm sorry to learn of your daughters injuries and wish her a full recovery.
When the insurance companies are unable to determine fault, such cases are usually settled on a 50/50 basis.
This means that your daughter will be able to recover 50% of the value of her car from the adverse company as well as 50% of the total value of her pain and suffering claim.
The other party will be able to recover 50% of their damages and injury settlement from your daughters insurance.
Your daughter will not be able to recover anything from her own company other than her medical bills up to the policy limit.
I hope this information is helpful.
Your feedback by rating my answer will be appreciated.
Sincerely,
Bennie
San Francisco Bay Area
---------- FOLLOW-UP ----------
QUESTION: Hi. Thank you so much for your answer. That is a relief to know that we have a chance to recover even 50% of the car damage. The other insurance is placing my daughter at 100% at fault. Do we need a lawyer? I couldn't find one who would take the case because there's very little medical claim to make. Can I take the insurance company to a small claims court? Would talking to the other party to encourage them to do the same be a good idea?
Again, thank you for what you do. You are helping a lot of people like us who are caught in the middle and would have been helpless from the hands of the rich insurance companies.
AnswerHi Riz,
Your claim is against the driver of the car. The insurance company only becomes responsible after you have won a judgement against the driver.
You can file this in small claims court against the driver. Your daughter will have to make two separate filings, one for damages and one for personal injury. The owner of the car must be the person filing claim for damages and your daughter filing claim for injuries. If your daughter is the owner and injured party, there will still be two separate filings. The personal injury filing should be for 3 times her medical bills and lost wages. Since you will be filing, you might as well file for 100% of your daughters car damage and let the court rule on whatever percentage factors may apply, since the adverse company has made no effort to offer a fair split.
About 80% of the states allow attorneys in small claims court. If they are allowed in your state, the other party's insurance company will provide him/her with a free attorney. Under such conditions, you will also need an attorney, but you can ask for reimbursement of all costs as part of the claim. Please write me again and tell me your state of residence and I will give you the information about maximum limits and if an attorney is allowed.
If you reside in California, the maximum limit on each filing is $7,500 and attorneys ARE NOT allowed in small claims court.
I hope this is of more help, please write again if you feel that I can be of more assistance.
Sincerely,
Bennie
San Francisco Bay Area
