What to do if I was involved in an auto accident and the other party was at fault?

UPDATED: Aug 1, 2013

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What to do if I was involved in an auto accident and the other party was at fault?

He ran a red light. Witnesses and police report state the same. My own insurer is offering me a settlement for pay for the total loss of my vehicle. The dollar amount isn’t enough to replace an exact vehicle.

Asked on August 1, 2013 under Accident Law, California


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

Answered 9 years ago | Contributor

If the at-fault party had insurance, their insurance company should be the one offering to settle your property damage claim.

If the other driver did not have insurance, and you have filed an uninsured motorist claim through your insurance carrier, then your insurance company would be offering to settle your property damage.

If you disagree with the settlement offer, you can reject it and sue the at-fault party for negligence.  If you get a judgment against the at-fault party, you should also seek a wage garnishment to enforce the judgment.

Since your car is a total loss, the insurance company won't pay an amount that is sufficient to replace your car with a new car.

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