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Expert: webfoot - 4/4/2007


Question
I bought a brand new car and after only 2 weeks of using it, my car (safely parked on the street) got hit/smashed by another car causing severe damage to my car. And because of the strong impact, my car hit another car parked and the other car, hit another parked car (total of 4 vehicles involved in the accident). Moral of the story... the other party (at fault) has accepted liability but her insurance issued a statement that they are not gonna pay for the entire coverage of the damages. My insurance is covering the costs of the repair right now and I already have consumed all the maximum rental car coverage for my insurance. Problem is... it still will take at least 1-2 more months to get my car fixed and NOW, it's bad enough that I already paid for my 1st monthly payment for my new-BEING REPAIRED-car, but on top of that... i don't have a rental car to use until my car is ready (1-2 mos)? What should I do... I'm way at the bottom rung of my frustration & disappointment in settling this very bad experience in settling a claim, not to mention the emotional distraught of having to pay a new/being repaired car which is in the body show and am not using.

Please advise. Any inputs will be much appreciated.
Thanks!
Alan X Reed  

Answer
Very unfortunate situation.  

I can only address this based on the insurance policies available in my home state of Georgia.

From what you have said, I will assume that the at fault party did not have enough property damage coverage to take care of all four cars and therefore, your repairs and rental have been limited.  

You state that your rental ran out which leads me to believe that you must be using your contractual rental coverage and collision coverage on your own policy.  

In Georgia, we have Uninsured Motorist coverage that also acts as "under-insured" motorist coverage.  It takes over when the at fault party doesn't have enough coverage.  When utilized, it would pay for your rental until the repairs are completed in addition to any legitimate repair costs.  

If you do not have then coverage, then your only recourse would be to sue the at fault party individually for whatever he/she owes above what their insurance paid.

Good luck!

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webfoot

Expertise

Auto damage, liability, insurance fraud. I am a full time auto insurance adjuster with experience in collision, theft, liability and fraud investigation. I am also an ASE Master Auto Tech and I-Car Collision Platinum certified. My experience includes 15 years in the auto repair industry, a B.S. in Criminal Justice, Law enforcement and auto insurance. ****** NO "PRIVATE" QUESTIONS WILL BE ANSWERED. I HAVE FOUND THAT NEARLY ALL PRIVATE QUESTIONS COME FROM PEOPLE WHO ARE CONSIDERING OR ATTEMPTING TO COMMIT FELONY INSURANCE FRAUD AND I'M NOT HERE TO HELP YOU! ****** I AM HERE TO ANSWER AUTOMOTIVE REPAIR, CLAIMS PROCESS AND SOME SIMPLE LIABILITY QUESTIONS. I CANNOT ADDRESS COMPLEX LIABILITY SCENARIOS WITHOUT HAVING ALL OF THE INFO FROM BOTH SIDES IN FRONT OF ME. QUESTIONS ABOUT PREMIUMS OR HOW INSURANCE IS RATED SHOULD BE ADDRESSED TO YOUR PERSONAL INSURANCE AGENT WHO KNOWS A WHOLE LOT MORE ABOUT YOUR HISTORY THAN I DO. I'VE NEVER SOLD INSURANCE AND DO NOT KNOW IF YOUR INDIVIDUAL INSURANCE RATES WILL GO UP IF YOU MAKE A CLAIM. THOUGH I'VE HANDLED SOME VERY MINOR SOFT TISSUE INJURY SETTLEMENTS, I PREFER NOT TO ANSWER INJURY RELATED QUESTIONS. I'M NO INJURY EXPERT AND I'LL LIKELY SAY SOMETHING TO HURT SOMEONE'S FEELINGS AS I BELIEVE THAT MANY SOFT TISSUE PAIN AND SUFFERING CLAIMS ARE OVER DRAMATIZED. UNLIKE MANY OTHERS, I AM ON THIS FORUM AS A VOLUNTEER WITH NO PRODUCTS OR SERVICES TO SELL AND PROMISE AN UPFRONT ANSWER BASED ON MY EXPERIENCE IN BOTH SIDES OF THE INDUSTRY. IF YOU PROVIDE ME WITH A HONEST VERSION OF EVENTS, I PROMISE A CANDID AND HONEST ANSWER IN RETURN. I CANNOT ADDRESS ALL CLAIM SCENERIOS DUE TO DIFFERING STATE LAWS AND REGULATIONS, BUT WILL DO MY BEST. PLEASE REMEMBER THAT AN HONEST ANSWER MAY BE ONE THAT YOU DON'T LIKE SO IF THAT IS GOING TO BE A PROBLEM, PLEASE DON'T ASK THE QUESTION. LASTLY, I DO NOT ACCEPT RATINGS AS I DON'T DO THIS FOR RATINGS AND WISH TO SPEAK FREELY.

Experience

20 years in automotive industry, Currently in insurance claims, worked actively as technician and shop owner until about 10 years ago. Current ASE Master Auto Tech and I-Car Platinum Collision Certifications, B.S. Criminal Justice and 10 year auto insurance/extended warranty background

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