Auto Insurance Claims: GAP Insurance, trucking accidents, gap insurance


Question
QUESTION: My car was totaled by a semi-truck. The driver of the truck was cited, his insurer is going to pay medical bills and time off from work also hes paying me the value of the my car. The value of my car is seven thousand and I owe nine thousand so GAP will pay the car off with two thousand. The only problem is that im left without a car. I dont have enough money for a down payment. Is this something the insurance company of the truck driver should cover or should I take legal action to recieve a proper settlement for a down payment for a new car. What should I do? Thanks.

ANSWER: Clint,

If you've received full value for your car (which it sounds like you have) then your only recourse is to make a claim against the trucking company for damages.  The good news is that trucking companies are forced to have large insurance policies which makes them more reasonable when it comes to settling a claim.  If you were to make a claim against the trucking company for the injuries you suffered you would have a good chance of recovering enough for a down payment.  If you'd like you can visit www.ferrarofirm.com and you can read about auto and trucking accidents.  You can also contact me via the site and give me some more information about your medical situation that is probably too sensitive to post publicly.  I can then give you some advice on how to proceed.  But overall I think your chances of recovering against the trucking company are very good.

Best regards,

Ernest Ferraro

---------- FOLLOW-UP ----------

QUESTION: Thanks for the quick response. Just wondering what kind of possible problems could prevent me from settling or losing the case? I have talked to the insurer but have not signed anything, he has recorded me once when I first talked to him but that was the sequence of events to what caused the accident. I told him before me actually contacting a lawyer that I need a down payment for a car. He said thats all he could give me(the car value which I dont really touch) so I told him Ill contact a lawyer. He said "If thats what you think you need to do, then do it." The way he acted does he having thing against me or do I have still a good chance? By the way for the pain and suffering, my other family member went to the hospital due to the accident and we have missed work and will miss family events(Thanksgiving) out of state. He also wont give us a rental, We dont have a credit card so he said have them direct bill him. We called and gave the information to the rental company and they called him and then they called us and said that we have to use a credit card when he just said we didnt have to. Any thoughts? Thanks again. Can u post your website again?

Answer
Clint,

I don't think he has anything against you - it's just how insurance companies act.  They are looking to make money like everyone else.  I think your only recourse might be to sue the trucking company.  I would cut off communications and just have an attorney handle the matter.  the website is www.ferrarofirm.com but it's being completely redesigned right now so excuse the look of it.  Most of the info has been taken down but it still does have some useful information regarding auto accidents and trucking related items.

Best regards,

Ernest Ferraro