If my car is totaled in a second accident, which is not covered, after receiving $10,650 damage from a covered accident, shouldn’t I still receive $$.

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Jun 4, 2012

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Insurance Question from Granada Hills, CA

Asked on 06/04/2012

If my car is totaled in a second accident, which is not covered, after receiving $10,650 damage from a covered accident, shouldn’t I still receive $$. My Jaguar XK8 was rear ended while parked legally and was not only damaged from the rear, but the impact forced my car into the truck in front suffering major front end damage as well. The total estimate was $10,650. Before getting it fixed, a friend staying with me (not a renter) took my car and totaled it, but the accident isn't covered because my insurance said he should have been listed as a member of my household. Am I still entitled to the money from the first accident, even if it is not enough to repair the whole vehicle?

Answer given on June 07, 2012

If your car had been involved in an accident and the repairs were not made before the second accident, the insurance company will most likely have to determine the amount of damage from the second accident. They will not allow for previous damage to the car so must determine how much damage was done from the first accident.If, as you say, it was a total loss from the first accident, it is unlikely that your insurance company will pay for any damages due to the second accident. It is also unlikely that the other insurance company will make any payment for the damages to your car from the accident.The damage from the first accident should be reconsidered since the driver of the car was a temporary resident. You may have to prove the time the friend had been staying with you, but normally, even a resident of the household should be covered unless the policy includes a restriction in the policy that does not cover unlisted drivers in the household. Have your company or agent review the policy and maybe you can get a payment from the first accident.


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