Expert: Bennie719 - 3/31/2008

Question
recently involved in an accident. other driver admitted fault to police and their insurance company which is true. driver has or will be cited for causing accident. at fault insurance company has accepted liability for accident. i opened a claim through my insurance company and very shortly i opened a claim through at fault company. my truck sustained extensive body damage, bodyman is stating that truckframe might be damaged as well. There was also damaged to the boat trailer i was towing. Supposedly my insurance company closed the claim since i wouldn't work with them. 1st Not knowing what to do, my insurance company reopened another claim per my request,, per my request at fault company closed their claim. Very shortly after the accident the claim adjustor w/ my insurance company left a check w/ repair facility, which is not enough to cover repairs. Accident occured in state of Arizona. At fault driver has insurance in state of Ca. which is AAA(not the nicest when i called) may even reside in Ca. Does the at fault driver's insurance policy limit affect any payout to me if i open a claim through AAA? My truck is worth 32,000. (I researched as much as i could) I don't want to get only 5,000 property damage which is a Ca. requirement. Will AAA pay above their limits, since they are at fault.  Can i open 2 claims since it's 2 different states? Can i reopen a claim with AAA? I am at a loss or lost here. I hope i worded everything very understandable. thank you very much..

Answer
Hi James,
Your question is a bit confusing.  Even though the California driver may only have $5,000 in property damage, that amount is increased to meet the minimum laws of the state in which the accident happened.
Arizona has a minimum requirement of $10,000 for property damage, therefore that is the maximum amount that the California company will pay, no matter how much it costs to repair your truck.
In my opinion, you should have your own company repair your vehicle
(less your deductible).  If your damage is less than $10,000 they will return your deductible upon recovery from the California AAA.
I hope this answer has been of help.
Sincerely,
Bennie