Expert: Richard Hixenbaugh - 5/24/2010

Question
Got rear-ended in April, driver of other vehicle fled.I got License plates and my ins co pd the $3500 UMPD, as they were not able to locate the ro of other vehicle.I received a phone call from CHP and they made contact with RO and were able to confirm front end damage on his veh., he also has insurance.Now what happens, my ins only pd the $3500 which was not enough to fix my car so they called it a total loss.Will his ins have to pay my ins back and pay me the difference of what it will cost to fix it?

Answer
Hi Stacy,

This is very confusing. If the car was declared a total loss, did your insurance company take the car? If so. How can they take your car with out paying the full value? or did they pay the $3500.00 and leave the car with you?

Yes your insurance comapny will be reimbursed by the other company. You need to call them asap to get your claim in there. Based on your statements, it sounds like you are in California which has minimum liability limits of only $5,000. If the at fault driver only had $5,000 in coverage and your company get back the $3500.00 that only leaves you the other $1500.00. You need to act fast. You should also call your insurance company and ask them detailed questions about how all of this is going to work.

I hope this helps
Richard Hixenbaugh