Auto insurance accident involved

[R3silient]

I was recently involved in an auto accident in Delaware. I did not have insurance coverage at the time. The other driver was at fault and his insurance company totalled my car and offered my what I thought was a fair settlement. My questions are: If they totalled my vehicle are they then legally responsible for it's disposition (in effect purchasing it from me for the value of the settlement)? They want me to dispose of it and (pay the towing/storage fees etc.) and they will reimburse me. I don't want to go through that hassle. The other question is are they legally responsible to pay all of my medical bills (no major injury involved just a trip to the ER to check on bruise chest) They indicated that I should submit the medical bills to my private health insurer.

 

[lawrat]

I am a law school graduate currently awaiting Bar results. What I offer to you is mere information, not to be construed as forming an attorney-client relationship.

I think this sounds like insurance fraud or bad faith. Insurance companies like to do this to push away victims, because that means more money to pay out.

You need to submit all medical bills to them or at least instruct the hospital and/or doctor to do so (give the guy's information with insurance company) and get a copy of the bill, stipulating that the other guy's insurance company would pay. That guy has insurance for this reason. THEY are responsible for any and all medicals and reasonable amount pain and suffering(consequential damages).

As for your car, this is how insurance companies typically weigh things:

the lower of Replace and lower of (Repair or Loss of Value).

So basically the lower of A and (the lower of B and C).

So here because your car was totalled, you would not be looking at the Repair nor the Loss of Value factors. You would be looking at either the replacement value of the car at that time (fair market value of car if you sold it at the moment before it was totalled) or replacement value now! If I were you, I would try very hard to get a new car out of the deal -- make your case as such: economic hardship. Could not afford making new car payments. The amount they give you will not even cover the cost of a proper working used car (which you should not have to settle for). They must pay for all tows and charges incurred in the disposition of said totalled vehicle.

Read the insurance and auto insurance sections at freeadvice.com's home page and see what else you can come up with. If they give you any problems, you let them know the Insurance Commissioner will be contacted and an investigation will be launched immediately.

Hope this helps.