Expert: Ron Cercone - 1/6/2010

Question
Hi,
back on november 17th my daughter was involved in a head on car crash that was not her fault. The guy that hit crossed over into her lane and hit her head on. He did not have his insurance card on him at the time. He went to court to prove insurance. We had called his company to start the process with the claim and have sent in all of the paperwork that is needed on our end, medical bills and such. We come now to find out after fighting with his insurance company for 6 weeks that its his sisters policy with both cars and he is not even on the policy with her. Since the accident was clearly his fault and her car is totaled is it still there insurance company's responsiblity to pay the damages and her medical bills?. I have also just found out that the guy that hit her has only sent in the back portion of the crash site report and not the front part with his name on it and all of the information. We had submitted all of our paperwork including the crash report to there office more than 6 weeks ago. Also to this day my daughters car has been at the towing faclity and they will not pay storage or towing fees for her car, as of the 8th of Jan they will get a title to have her car removed and totaled.
Please help us solve the question of responsiblity and the undiscloved driver aspect of all of it. My daughter just wants to get on with everything and get a new car.
thank you for all of your help

Answer
If the sisters insurance does not cover all your damages, then sue the brother driver. If they accept liability and total the car, they should pay the towing and storage. If they lowball the value of the car, get an eBook on Total Loss Auto for Claimants at UClaim.com .