QuestionA semi overturned and hit my car during a storm in Florida. Driver was in cabin with a dog. before accident he changed lanes. I was in the passing lane next to the shoulder. Want to know if they are going to be liable. Car was not totally paid, who receives the check? My insurance did not include rental, should I rent a car and pass the receipts to the truck insurance?
Answer Hello Oscar,
From your description, it certainly appears that the semi is at fault.
You have left out some details, so I am unclear. It appears you filed a collision claim with your own carrier. If your car was a total, you would receive the actual market value of the car, not necessarily what you owed on it. If it was repaired, I cannot understand why your company would not pay the full repair bill.
Who receives the check? If it's a total loss, your lienholder gets the check and you get anything over what is owed on the car. If it's repaired, also the check will probably go to you and the lienholder for payment to the body shop.
You cannot pass anything on to the truck's carrier until you know they have accepted liability. Then I would suggest you file an actual claim with them to attempt to get payment for the rental.
I am uncertain why you filed with your own insurance. The responsible party is the carrier for the semi driver. If they admit liability, they are responsible for all of your damages. In fact, your company will "go after" them to retrieve the money paid to you. That is called subrogation. I am assuming, of course, that the other company is deemed completely at fault.
If you need more clarification, just send me more of the details.
Good luck.
Jane Pytel
http://SolutionsForYourInsuranceClaim.com
