Who is responsible for the excess payment?

My car was involved in an accident. I was hit from behind at a stop light. The
driver of the other car claimed responsibility. After the accident, I told the
officer that my tire was rubbing something. So he got a pry bar and pushed the
bumper back away from the tire and told me it was only cosmetic and it would be
fine to drive home. A few miles into the drive, I got a flat tire. I drove it off
to the side of the road and upon inspection the tire was in flames and before I
knew it, my car was engulfed in flames. The insurance inspector claimed it as a
total loss for 19,375. Her insurance only covers 10,000 and now they are
running it through my insurance which is going to require 1,000 deductible. I
really feel like I am getting screwed in this. Who should be paying the remaining
9,375? Should I try to get more for my car that I owe 18,000 on?

Asked on April 4, 2018 under Accident Law, Florida


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

You can reject the settlement offer and sue the at-fault party for negligence.  Your damages (monetary compensation you are seeking in your lawsuit) would be the value of your car.  A court judgment in your favor can be enforced against the at-fault party with a wage garnishment.  Upon prevailing in the case, you can also recover court costs such as the court filing fee and process server fee.  You can also recover attorney's fees.

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