Expert: Bennie719 - 5/15/2009

Question
I am a recent college grad living in the state of Wisconsin.  At the end of March my vehicle was legally parked on the side of the street and was then totaled by a drunk driver around 3 AM.  The car that was totaled was a 2007, and I had to take time off of work, find money for a down payment and am now driving a vehicle with more miles, and it is an 06.  The driver was not only drunk and injured but he fled the scene leaving me to handle it all and also to figure out if he even had insurance.  I called and filed a claim with his company but they told me he wasn't a claimant.  After some research I discovered it was under someone's else name but he was insured, however in the mean time I had to file a claim with my insurance company.  Now his insurance company isn't paying me a dime for anything other than the rental car and day of missed work...is there anything I can do?!

Answer
Hi Brianne,
As I understand your question, your was totaled while parked and since you didn't have the identity of the company insuring the car that hit you, you had to file a claim with your own company.

Your company had an obligation to pay you a fair market value for your
car (less your deductible).

Settling a total loss is a process of negotiation.  Every Insurance Company (including your own) will try to settle a claim for the least possible amount, so it's very possible that with the proper knowledge
you could have received a higher settlement.

Now that the adverse company has been located, your company will subrogate against them for the return of of your deductible plus the
amount that they paid to settle the claim.

Since you were not in the car and not injured, the adverse company only has an obligation to you to pay for the rental car and your economic losses.  Your deductible will be returned to your company, which they will then send to you.

Your question doesn't make it clear on what else that you feel you should be paid.

If you will send a follow up question to cover that issue, I will
attempt to provide an answer.

Sincerely,
Bennie
San Francisco Bay Area