QuestionQUESTION: In November my fiancee was involved in an accident that was deemed his fault where my vehicle was totaled. There was damage done to the other persons car however it was fixed. Initially my insurance company was determining whether or not they were going to pay the claim because he was not on my policy. However after a while everything was taken car of. During the period where we were waiting we were contacted by the other driver who was requesting we reimburse him for his rental car. We indicated that we preferred to wait until everything was straightened out through the insurance company. He agreed but stated that all he wanted was $500 and if we did not pay him that he would sue us for a lot more (rental car, time off of work, etc.) After our insurance company paid out the claim we figured everything was taken car of especially since we never heard from the other driver. Now I just happened to be looking through the county court web site for information about my father. I happened to do a search for my Dad's last name and since we have the same last name I find out that the other driver has filed a law suit for over $1800.00. As of today we have still not been served so I don't know if he's actually going to go through with it but I was wondering if he can in fact sue us for rental car and time off of work?
ANSWER: Hi Amanda,
Anybody can sue anybody else for anything they want to, but that does not mean they will get anything.
Relax , take a breath. The other persons rental bill and any legitimate lost wages are all payable through your insurance company. Also, if you are sued, your insurance company will also provide you with a defense attorney free of charge.
You should call your insurance company to inform you of what you found out about the possibility of being sued. If you do get served with any papers, call you insurance company at once. Everything will be just fine.
I hope this helps
Richard Hixnebaugh
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QUESTION: Thank you for your first response. I got served today and am being sued for 2 days wages, rental car and his deductible. According to my insurance company, his insurnace company had not asked to be paid yet. What affect will that have on his claim? I was also wondering, if the claim is collected under "property damage" as I am concerned that the amount of $ it took to fix his vehicle is close to my limit.
ANSWER: Hi Amanda,
First you need to get a copy of the papers you were served with to your insurance company who will defend the case for you. You need to stay on top of your insurance company through out this process to be sure they do not let you fall through the cracks.
The other insurance company will only request payment of the cost of the repairs, his deductible and possibly the rental car. The lost wages are handled seperately through his attorney. Your insurance company will try to settle everything within the limits of your policy, however be prepared that they may not be able to.
I hope this Helps
Richard Hixnebaugh
---------- FOLLOW-UP ----------
QUESTION: One more tome then I'll leave you alone =). I finally got a hold of my insurance company and found out that under my policy limits they would be covering the other drivers deductible and everything but 18.54 of the rental. This leaves me with the lost wages. I am a just confused because the other insurance company just recently asked for payment of the damages including the deductible. They also have not provided photos of the damage and because of that my company can't pay the claim without them. This has held up the other driver from being paid for the deductible. I am wondering if the other driver was a bit premature in suing me. Any suggestions as far as court goes. What information should be presented? Thank you!
AnswerHi Amanda,
No Need to feel like you are bothering me, thats why I'm here.
Yes he was premature in filing the suit. Your insurance company will pay the deductible & the entire rental bill. They also will pay the lost wages. This is paid as part of the bodily injury liability coverage. As I said in a previous note, you need to stay after your insurance company to get what they need from the other insurance company in order to pay the claim. You might even try calling the other insurance company to try to light a fife under them.
Keep in mind that the insurance negotiations is seperate from the law suit. If the court does not care if there is insurance that just has not paid yet. If he can prove that you owe the money then he will get a judgement. So keep in touch with your insurance company. Get the name of the attorney they are assigning to your case and speak to him/her. All should work out fine in the end.
I hope this helps
Richard Hixenbaugh
