What to do if I was in accident 3 weeks ago and it was the other drivers fault but I’m getting the runaround from the other drivers insurance company, stating that their hands are tied because they can’t get into contact with the other driver?

He was ticketed. My insurance company is offering me an amount, that is lower than my loan and they want me to pay a deductible. I feel as if this is all unfair and I now have a rental car bill, due to my insurance company stating I have used all the time they will allow. I am just looking for some direction as to what I should do now?

Asked on November 6, 2015 under Accident Law, Georgia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

1) Your insurer is not required to pay off the balance of your loan, unless you bought "gap" insurance, but rather only has to pay the then-fair-market value (or "blue book" value) of your car. They also only need to pay you the amount of car rental coverage in your policy. Your insurance policy is a contract; they only need to pay you the benefits or amounts in the policy, so you get compensation based on the type and size of insurance you bought.
2) The other party's insurer does not have any duty or obligation to you: their duty is to defend and indemnify (pay for) their insured. They can drag their feet, refuse to make you offer, etc. To get money from the at fault driver and his/her insurer, you have to sue the at fault driver and win (i.e. prove in court that the other driver was at fault and the amount/extent of damage, costs, etc. they caused you).

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