What are my rights if I was rear-ended and rolled over?
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What are my rights if I was rear-ended and rolled over?
I had insurance but the insurance broker mistakenly did not list me on the policy so I was excluded. The person at fault had no insurance. If I sue, can I ask for him to pay the remainder of my auto loan which is over 9k? The car is totaled and is valued at 7k, pllus I have over 4k in medical bills. I had already started to fix it because mechanical damage wasn’t that bad about 2k but the body is over 13k to fix. Should he fix my car or pay my loan? And can I get reembursed the money I already put in?
Asked on June 1, 2014 under Accident Law, California
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
Based upon what you have written, you can sue the driver that struck your vehicle for the cost of repair of your as well as all other damages resulting including medical bills and wage loss. You seemingly have a claim for negligence against your insurance agent for excluding you on the policy in question. I suggest that you consult with a personal injury attorney in your locality that practices insurance law for assistance. One can be found on attorneypages.com.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
You can recover:
1) For the car: the cost to repair it, IF that is less than the current blue-book or fair market value--you can only recover up to the actual value of the car. You generally cannot recover the balance of your loan, since again, the at-fault party has to pay the value of what he/she destroyed (or the cost to repair, if less); it's not that party's concern that you may have financed the vehicle and owe more than it's currently worth.
2) For personal injuries: your medical costs, plus possibly pain and suffering if you've suffered or will suffer some months of impairment of life; plus also lost wages, if any.
3) Other out-of-pocket costs, if any, like towing.
AND you may be able to sue your insurance broker for his/her negligence, breach of contract, breach of fidcuciary duty, and/or fraud (depending on the exact facts) in failing to list you on the policy.
From what you write, it is worth consulting with an attorney to explore your options and what you may be entitled to.
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