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Mercury

Mercury October
2008 ago

$12

Was in an automobile accident. Other party at

Was in an automobile accident. Other party at fault, ticketed for failure to stop. He was driving a company truck. Insurance has paid total loss my vehicle. Bought another vehicle comparable to one I had but 2 years newer.Bought off list insurance company provided us. Out of pocket expenses $2700 . Sent certified letter to company requesting out of pocket expenses or small claims court. They refused and have gottten their insurance company involved. Out of pocket expenses were more but only asking for difference in price of what insurance paid and what we paid for vehicle and 2 extra days rental vehicle and fuel .I was not in the market for a new vehicle. I just paid mine off; car was in good shape (I have pictures). Can we go to small claims court and who do we sue...company or employee and why has their insurance company become involved? We are to deal with them only. I would like my money.Their truck their employee, their responsibility.

 

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$12Answer Awarded:

BFrank BFrank December
2008 ago
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  You would have to take this to civil court. In order for the other parties insurance to pay out your additional damages you have to show that the other party was negligent in order for the liability to pay the damages. If the responsible party is not planning on paying you after sending a certified letter you will have to move forward with court. It's obviously a cut and dry case since the other driver was sited for the accident, however you don't have the choice who to deal with. If the responsible party has notified their insurance company than I would try to deal directly with them to get your additional payment due to you. Insurance companies act on subbrogation rights. Basically if an insurance company has an at fault driver they can take ownership of the claim and speak on their customers defense. They have legal right to do so because of the terms of the policy. One other option would be to contact your own insurance company and let them know what has happened. They also have the same subbrogation rights and will defend you if it is taken to trial.

 

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