What to do regarding accident property damage?
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What to do regarding accident property damage?
I was recently in an auto vs. motorcycle accedent. The other driver was found at fault and sighted for failure to yield. The motorcycle that I was on was totaled. I have come to an impasse as my loss exceeds the others insurance property damage limit. I did not have underinsured coverage (my mistake I know). Will requesting an affidavit of no other insurance or assets allow me to ask the at fault driver to cover the rest of my loss if it shows that they can? And what assurance do I have that they’ll even be telling the truth? I’m not against hiring a lawyer for the personal injury and medical bill portion but have been told that they usually do not help you with the property damage?
Asked on August 20, 2013 under Accident Law, Nevada
Answers:
Gregory Abbott / Consumer Law Northwest
Answered 11 years ago | Contributor
If the other driver was at fault, then they are financially responsible for your damages - both personal and property. If they had insurance, that insurance company may assume responsibility for amounts up to the coverage limits. However, the driver is still on the hook for your total damages, minus whatever his/her insurance company pays you. The driver usually must list his insurance company with the DMV of his/her home state. Regardless, you don't need any sort of an Affidavit from the other driver - your claim is against him/her and they will normally turn it over to their insurance company. Even if they do not, your claim is still against them but you can notify their insurance company directly if you wish, after you find out who it is from the DMV.
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