Does the insurance company of the at fault driver pay anything beyond the total cost of what the totaled car is worth?

Get Legal Help Today

 Secured with SHA-256 Encryption

Does the insurance company of the at fault driver pay anything beyond the total cost of what the totaled car is worth?

I was in a car accident yesterday morning and
the other driver was at fault. My car is totaled
and her insurance company is paying what the
car is worth, even though I owe more than what
you he car is worth at this point. Are they
obligated to pay any more money? I will be
without a car and will end up paying money on
an accident that wasnt my fault.

Asked on November 14, 2017 under Accident Law, Minnesota

Answers:

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

Answered 4 years ago | Contributor

The insurance company won't pay more than the value of the totaled car.
Your only recourse is to reject the settlement offer from the insurance company and file a lawsuit for negligence against the at-fault party.
A court judgment in your favor can be enforced against the at-fault party with a wage garnishment.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption