Can I recover total car damages and personal expenses from at at fault insured driver?

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Can I recover total car damages and personal expenses from at at fault insured driver?

My car was hit from behind by a much larger truck in the process of backing out of a parking spot. This caused my vehicle to suffer quite a bit of damage to the rear and also to the transmission because my car was engaged in gear when this incident ocurred. My 7 year-old was also in the car with me. The other vehicle’s driver insurance admited liability and I was instructed to take my car to a repair facility. Soon after I recieved a $1600 check for the cosmetic damage but I am still owed $2000 from the transmission repair. They refuse to help me further. What can I do?

Asked on April 12, 2011 under Accident Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I might consult with an attorney on the matter but I need to ask: do you have underinsurance coverage and did you notify your insurance company of the accident and the damage?  Also, I am really hoping that you did not sign anything that said that this was a settlement of all the damages and sign a release of any sort.  If you did then you will definitely need help with setting it aside.  If you dd not sign anything and you have the estimates for repair then you can consider suing the insurance company in small claims court.  The reason I asked about your own insurance is if your insurance will pay for the repair they will "subrogate" against the other carrier, meaning that they will sue then to recover the money they paid to you.  Good luck to you. 


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