QuestionI was involved in an accident, and now our insurance companies are fighting over fault. I was traveling east bound through an intersection, and the other driver was traveling west, failed to yield at the stop light, turned in front of me and we collided. The other driver was ticketed for failing to yield. My insurance company insists that I am not at fault. Their insurance company is disputing it by saying both parties were not at fault. I went ahead and filed a claim through my insurance company as my vehicle is sitting in a tow yard, and I want them to fight it out and recover my deductible.
Part one of my question; my insurance adjuster said that there is frame damage to my vehicle, but they are going to go ahead and repair it vs. declaring it a loss. Won't I run into trouble when I go to sell that vehicle? Won't a carfax report show frame damage, and deter potential buyers?
Second, I'm pretty confident that they will be successful in recovering my deductible, but my daughter (age 4), and I have both sought medical care. We went to an urgent care facility the day of and have since been to a chiropractor. My insurance company won't pay our medical bills. If they recover from the other insurance company, can I then submit my medical claim to them? Same situation for a rental car, my insurance won't pay for it, but could I eventually recover from the other company? Or would all of those excess claims have to recovered through a small claims suit against the other driver? I'm almost afraid to continue to seek medical care, because I can't afford to rack up thousands of dollars of bills that may or may not be reimbursed to me.
At this point, I'm not sure that either insurance company is looking out for my best interest, and I just want to be sure I cover all of my bases.
Thanks in advance!
Jessica
Answer1) frame damage is very common and does not result in a car being totalled. A car is a total loss when the repair cost exceeds the retail value. A qualified repair shop should be able to bring your car back to the same condition as pre-loss. Carfax will show there was an accident, but will not mention frame damage. This could result in some loss of value, as some buyers might be concerned, even though their concerns are not really valid. Your insurance policy will not cover this loss of value, which is formally known as "dimunition of value." However, the other driver would be liable for it and his/her insurance policy will pay for it, if you can prove liability,
2) Your insurer cannot really pursue your other damages for you. They can only pursue the damages they pay for plus your deductible. Otherwise, they would be practicing law without a license. You can sue the other driver in small claims court.
But at this point, this is getting complex, and my recommendation would be that you visit a lawyer. You can find one who will handle your claim for a contingency fee, probably about 30% of what they get for you. You'll need a personal injury lawyer, and they are evry familiar with these tpes of cases. Don't hire the one who runs the best TV ads, as they normally are not good lawyers. Go with a personal reference, or call the local bar association for a referral.
It might be worth calling the other insurer one last time to see if they'll reconsider. Advise you will hire an attorney and file a lawsuit unless they accept liability. If they say no, get the lawyer. Good luck!
