Expert: Anne - 3/18/2008

Question
I was recently rear ended and my car rolled ending in a total loss of my car.
The girl who hit me was cited for reckless driving. She claims to have
insurance but did not have proof with her at the scene. Everything has been
going through my insurance and now they want to send me a settlement for
the average cost of the car. First, I was wondering if she does have insurance
shouldn't her insurance be covering my expenses (not just the loss of the
vehicle, but also the fact that I have been put out)? Shouldn't there be some
compensation? I feel like I'm being penalized and I am not at fault at all. What
questions should I ask before I settle with my own insurance, etc.?

Answer
Hello Keith,

Should they pay for the hassle? Yeah they should, but this is only my opinion. Do they legally owe you for the hassle? No, they don't.

The damages they owe for are: The cost of repairing the vehicle or the cost of the vehicle if it was a total loss and the loss of use or rental cost while the car gets fixed or the car is declare a total loss.

You are entitled to pain and suffering, loss wages, etc. when there is an actual injury. Basically, you have to be injured (physically) before the insurance company will be required to take those damages into account.

Good Luck,
Anne,

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