What to do if our vehicle was involved in an accident that was the fault of another driver?

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What to do if our vehicle was involved in an accident that was the fault of another driver?

The body work was scheduled to be done and a claim was against the other driver’s insurance. Before we took the car in for repairs, it was involved in another accident that was our fault. My insurance company totaled my car and I am waiting for a claim settlement. At first, our adjuster said they were two separate claims and we were entitled to settle with the other insurance company and my insurance claim would be treated separately. They have since changed their minds. Are we entitled to both claims? The other insurance company is willing to give me a settlement check for the estimate that I had fortunately received prior to the last accident.

Asked on December 19, 2012 under Insurance Law, Pennsylvania

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If your vehicle was damaged through the fault of the driver of the other vehicle then under the laws of all states the other driver is responsible for the lesser of the costs of repair or its fair market value at the time of the mishap. Based upon what you have written, you are entitled to recive payment from the other driver's insurance carrier only.


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