Ohio auto accident. I was not at fault. At fault party ...

Hi,

Unfortunately they are correct. You and the other car will have to share the 7,500. But remember, you can always sue the at fault party personally. BUT you can't take the insurance money first. If the insurance pays you, they are entitled to a general release in facor of the at fault party and then you can't sue anymore. So you would have to sue; get a judgment; then the insurance company would pay your share of the 7,500; then you could try to collect the balance of your judgment from the at fault driver by going after bank accounts, garnish wages, etc.

Rich Licata

__________________
To request me for NEW QUESTIONS IN THE FUTURE, just begin with "THIS IS FOR RVLAW"


THIS IS FOR INFORMATION ONLY. NO ATTORNEY-CLIENT RELATIONSHIP EXISTS. CONSULT A LAWYER IN YOUR STATE FOR LEGAL ADVICE

The insurance company is already asking us to sign a release agreeing to the reduced amount. Not even the whole cost of my repairs.

Since I went through my insurances body shop. If I refuse to sign will the body shop not get paid until I do sign. Will this cause other legal issues not worth me trying to recoup my $360 rental car bill.

Edited by Customer (name blocked for privacy) on October 13 2007 at 5:20pm

The body shop won't get paid if you don't sign. How much were your repairs over your share of the 7,500? And do you have collision? How come you say "your insurance" body shop?

Rich Licata

__________________
To request me for NEW QUESTIONS IN THE FUTURE, just begin with "THIS IS FOR RVLAW"


THIS IS FOR INFORMATION ONLY. NO ATTORNEY-CLIENT RELATIONSHIP EXISTS. CONSULT A LAWYER IN YOUR STATE FOR LEGAL ADVICE

Bad wording on my part. We went through the local car dealership body shop the insurance company (Progressive) works with so we only had to pay our deductible when we picked up the car. The insurance company is suppose to pay the differance directly to the body shop. Our damage was around $6500.00, initially but we have found other accident related issues so its going back in. The release is asking us to agree to a payment of 5265.74 from his insurance company (also progressive). We have been told once we sign, we will be reimbursed our deductible and the insurance company will take the loss on the balance of the repairs. Which I know my underinsured moterist coverage will be what covers the remaining balance. We have colision and uninsured/underinsured coverage.

So you will only be out the rental??? Forget it. And with all that coverage you don't have rental coverage ????????!!!!!!!!!!!!!! :-)

Rich Licata

__________________
To request me for NEW QUESTIONS IN THE FUTURE, just begin with "THIS IS FOR RVLAW"


THIS IS FOR INFORMATION ONLY. NO ATTORNEY-CLIENT RELATIONSHIP EXISTS. CONSULT A LAWYER IN YOUR STATE FOR LEGAL ADVICE

Thanks for the answer.

No we don't have rental because we own 3 cars for 2 drivers so I didn't think we needed it. Of course just before the accident, car number 3 broke down and we were down to one car for two working people. Sooooooo thats why we needed the rental. I guess we are just a little irritated that since we carry a good deal of coverage and this was an accident caused by serious negligence on the other drivers part that we are out anything. We just wanted to make sure there really was not a logical/legal way to get the money back and you have clarified that. Thanks!!

My pleasure. You are 100% right but the approach here has to be the practical one.

Rich Licata

__________________
To request me for NEW QUESTIONS IN THE FUTURE, just begin with "THIS IS FOR RVLAW"


THIS IS FOR INFORMATION ONLY. NO ATTORNEY-CLIENT RELATIONSHIP EXISTS. CONSULT A LAWYER IN YOUR STATE FOR LEGAL ADVICE