Does the insurance company of the at fault driver pay anything beyond the total cost of what the totaled car is worth?
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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 7 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.
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