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Charges for total loss car but other driver at fault...

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S

schubey

Guest
Hello,

I was in an auto accident at the end of September. I was hit by an elderly lady who ran a red light and my car was a total loss. I had a brand new car and was over in mileage, while I planned on making it up further into the lease (so I would turn it in with the mileage I was allowed). Although I have GAP insurance, mileage or excessive use isn't covered. I have been told I have to pay Honda Lease almost $3,000 in the next 30 days or my account will be charged off an my credit negatively affected. Furthermore,
this hits me in the actual value my insurance carrier paid for the car as well.

Besides all of this, two police departments are passing the police report back and forth because neither can decide who has jurisdiction.

With this said, I have a couple questions:
1) Can this $3,000 come the settlement I receive from the woman?

2) Once the report is in the hands of both parties, how long does it take to get a settlement. I am almost finished with my treatment for neck and back injuries. The back injury will cause me pain indefinitely.

Thanks in advance for any advice. By the way, I do have a PI attorney but I'm doing a little bit of research on the side as well.
 


P

ProResearch

Guest
If you are going through the other company rather than your own, you are at their mercy and hopefully they will 'play' fair....but probably not. You will have to put on your hard face with sufficient negotiating skills to hold up - or - you can hire an attorney who will have those qualifications.

I think it is much better to go through your own company if you have collision coverage. Your company owes you a duty, the other does not. Property damage is pretty straightforward with a little negotiation when it is with your own reputable insurance company..... I belive ::rolling eyes:: :)

Personal injury always go through the other insurance company. You can often get back more money in 'pain and suffering' allowance that 'makes' up for other monies you have lost, but it won't specifically say 'for the loss of lease/mileage excessive payment - an extra $3K.'

If this doesn't make sense, try doing a search on my screen name as I have often talked about personal injury / property damage settlements. Of course, you might just use the keyword Settlement and get a host of others' replies too!

Good luck to you!
 
S

schubey

Guest
Diane,

Thanks for your reply. The other driver and myself have the same insurance company. After speaking with my adjustor, he said it is mostly the responsibility of Honda Lease, to take care of it. Although there was GAP insurance, there is a disclaimer on the contract that states excessive mileage is not covered. This makes no sense to me at all. We're in the process of having my attorney view the contract to see what he can find. Although I was over in mileage for the year, I wasn't over for the 3 years. There in no place in the contract that states if a vehicle is a total loss the the mileage will be pro-rated (i.e. I am allowed 12K per year for 3 years and I was at 25K - by their standards I should have been at 10K). Again, we were going to purchase another car in a couple months and use that until we caught up to where we should be. It seems like my best bet is going to try to get the money in the part of the "Pain and Suffering" - to me, I should not have to be responsible for any of this. By the way, do you have any experience with settlements from Mercury Insurance? Thanks again for your help and have a happy holiday!
 

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