How do I get full reimbursement for my loss? 62 Answers as of June 29, 2013

I have a pending auto property damage claim responsible party has insufficient limits what are my options responsible party has a $5k Property damage limit on a PA auto policy, my damages are in excess of $7K, how can I receive full reimbursement for my loss?

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THE LOCKHART LAW FIRM | CLAYTON LOCKHART
In Mississippi there is no direct action statute which allows you to sue the tortfeasor's insurance company. Instead, you will have to sue the tortfeasor (i.e., the responsible party) directly.? The defendant will then have to bring his insurance company in to indemnify him for the policy limits. In your case, if you have property damages in the amount of $7k, the insurance policy would cover $5k and?the tortfeasor would be responsible for the remaining $2k.
Answer Applies to: Mississippi
Replied: 7/27/2012
NOLAN LAW LLC | Joshua J. Nolan
Under these circumstances, you have two options here. (1) If you have under-insured motorist coverage on your policy, then your insurance carrier should cover the difference. (2) If you do not have under-insured motorist coverage on your policy, then you may have to file suit against the responsible driver to recover the additional $2,000.00 in property damages. However, the "Catch 22" that you will likely face is that the responsible driver's insurance company may refuse to pay the limits of their policy unless you agree to release their insured from any further damages, forcing you to file suit for the full $7,000.00 in damages.
Answer Applies to: Ohio
Replied: 7/26/2012
Jeffrey Lessin
Jeffrey Lessin | Jeffrey Lessin
You have to sue the person at fault for the difference. File it in small claims court.
Answer Applies to: Pennsylvania
Replied: 7/26/2012
Law Office of Jared Altman
Law Office of Jared Altman | Jared Altman
You will have to reject his insurance company's settlement and sue him. Then try to collect anything over his limits directly from him.
Answer Applies to: New York
Replied: 7/26/2012
Law Office of Melvin Franke | Melvin Franke
You should sue the other party.
Answer Applies to: Missouri
Replied: 7/26/2012
    Lombardi Law Firm
    Lombardi Law Firm | Steve Lombardi
    Well you get it from your own insurance policy or else you sue the other party for a deficiency. But don't settle with his company if you intend to sue him.
    Answer Applies to: Iowa
    Replied: 7/26/2012
    Mike Yeksavich | Mike Yeksavich
    See if the party will voluntarily pay the excess. If not then file a law suit. However, be careful about signing a release for $5,000.00 if you are going to think about suit.
    Answer Applies to: Oklahoma
    Replied: 7/24/2012
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    Sue them in small claims.
    Answer Applies to: California
    Replied: 7/24/2012
    Pearson, Butler, & Carson, PLLC
    Pearson, Butler, & Carson, PLLC | Matthew R. Kober
    You should hire an attorney and file a bodily injury claim and include your excess vehicle damages into that suit. Or alternatively, you could simply sue the person who hit you simply for the excess vehicle damage alone.
    Answer Applies to: Utah
    Replied: 7/24/2012
    Alvin Lundgren | Alvin Lundgren
    You should sue the perpetrator.
    Answer Applies to: Utah
    Replied: 7/24/2012
    Victor Varga | Victor Varga
    You would need to sue the other party to recoup the additional amount not covered by insurance.
    Answer Applies to: Maryland
    Replied: 7/24/2012
    Yanchuck, Berman, Wadley & Zervos, P.A. | Angela A Zervos
    You should file a collision claim through your own insurance company. You will have to pay your deductible; however, you can get reimbursed from the responsible party's insurance for the deductible. Whatever funds are left after your deductible is paid, will be given to your insurance company as partial compensation for what they paid to repair your car.
    Answer Applies to: Florida
    Replied: 7/23/2012
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    If it is a collision claim, Michigan law provides only $500 called a mini tort. Maybe the PA policy provides more. In any event, you can sue the person for the excess losses.
    Answer Applies to: Michigan
    Replied: 7/23/2012
    Koning & Jilek, P.C.
    Koning & Jilek, P.C. | Jonathan Neal Jilek
    It depends on your coverages. If you have full collision coverage then you should be covered.
    Answer Applies to: Michigan
    Replied: 7/23/2012
    Darrell B. Reynolds, P.C. | Darrell B. Reynolds
    You will need to sue the other party.
    Answer Applies to: Georgia
    Replied: 7/23/2012
    Havens & Lichtenberg PLLC
    Havens & Lichtenberg PLLC | Michael Lichtenberg
    First of all, call *your* insurer: if you have the appropriate coverage on your policy, they might have to pay for your damages left uncompensated by the responsible party's insurance. Second, you can sue the responsible party. If the fault is clear and documented, and you claim less than $5000, you can bring the suit in the Small Claims Court. You don't really need an attorney to do it because the forms and the procedure are simple, and the court personnel will help you a bit, if necessary.
    Answer Applies to: New York
    Replied: 7/23/2012
    Christensen Corbett & Pankratz
    Christensen Corbett & Pankratz | Craig L. Pankratz
    You still have a claim against the responsible party for $2,000. You could send him or her a demand letter, and if that doesn't work, you could file a small claim.
    Answer Applies to: Utah
    Replied: 7/23/2012
    Gary L. Platt, Attorney at Law | Gary Platt
    I can see two ways to accomplish your purpose. You can get verification of the defendant's insurance policy limits either through him/her, the insurer, or the DMV/State of California, then give that proof to your own insurance company and make a claim under your own underinsured motorist coverage (all liability policies include coverage for uninsured and underinsured motorists UNLESS you have specifically waived that coverage in writing). The other option is to sue the other driver in small claims court and, assuming you get a judgment for an amount which exceeds his coverage limit, you will have to collect the balance directly from him (if you can). This assumes you have not already settled for his policy limits and signed a release in exchange for the settlement check (which would prevent you from going forward with a lawsuit against the other driver).
    Answer Applies to: California
    Replied: 7/23/2012
    Downriver Injury and Auto Law | Michael Heilmann
    You don't mention what your loss is. In MI, the most you can recover is $500. Insurance must be purchased to cover the rest.
    Answer Applies to: Michigan
    Replied: 7/20/2012
    Bulman Law Associates PLLC Injury Law Firm
    Bulman Law Associates PLLC Injury Law Firm | Thomas Bulman
    Sue the defendant in your county Justice Court. Ask the clerk for the forms, fill them out, and get the defendant served by the sheriff. Then the insurance company will deal with you properly.
    Answer Applies to: Montana
    Replied: 7/20/2012
    Lapin Law Offices
    Lapin Law Offices | Jeffrey Lapin
    Assuming the at-fault party will not pay your voluntarily, to be fully compensated, you would have to sue the at-fault party and get a judgment for all of your damages. The at-fault party's insurer would then pay its $5,000.00 and you would then have to try to collect the remaining amount from the at-party himself/ herself. There are various methods to try and collect a judgment including garnishment or attempting to seize assets. The procedures and methods to collect a judgment are beyond this Law Area (Auto Accident) and will not be explained. Another option, although you would not be fully compensated, would be to go through your own car insurance company. You would have to pay your deductible, but, if it is relatively low, it may be easier, less time consuming and may actually cost you less to just pay your deductible than suing the other driver and trying to collect from him or her. You should consider talking to an attorney about your options.
    Answer Applies to: Nebraska
    Replied: 7/20/2012
    Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
    Was your vehicle legally parked or was it moving? There is a big difference. If you were in motion when the accident occurred, you can sue the other driver for $500 or your deductible, whichever is less. If you did not have sufficient property damage coverage on your vehicle, you are out of luck because you can only get the $500. If it was legally parked, you can sue for the whole enchilada.
    Answer Applies to: Michigan
    Replied: 7/20/2012
    Gilbert & Bourke, LLP | Brian J. Bourke
    You can pursue the responsible driver directly, but generally you will not be able to collect. If you have your own collision coverage, use that to settle your damages and your insurance carrier will get your deductible back from the other insurance, and depending on the language in your policy, you may get a pro rata portion of your deductible back.
    Answer Applies to: California
    Replied: 7/20/2012
    Law Offices of Mark Hopkins | Mark Hopkins
    2 options are: 1. file a claim with your own insurance policy under the collision coverage portion of your policy. 2. if not, sue the other party in small claims for $2000. However in order to bring a small claims suit, you cannot first release the other party and his insurance company if they pay $5000. Otherwise you have agreed to accept $5000 as settlement in full and waived the additional $2000.
    Answer Applies to: California
    Replied: 7/20/2012
    Law Offices of Mark L. Smith
    Law Offices of Mark L. Smith | Mark L. Smith
    This appears to be a liability claim and just because the other party has a property damage limit of $5,000 should not matter because that is his automobile. You should have coverage from the other party for a minimum of $25,000.
    Answer Applies to: Rhode Island
    Replied: 7/20/2012
    Law Offices of Steven D. Urban
    Law Offices of Steven D. Urban | Steven D. Urban
    You can bring a claim against the other person directly for the deficiency.
    Answer Applies to: Texas
    Replied: 7/20/2012
    Law Office of Charles M. Vacca Jr. | Charles Martin Vacca Jr.
    You would have to address clauses in both your insurance coverage and that of other party (and then possibly purusue matter through suit in court).
    Answer Applies to: Rhode Island
    Replied: 7/20/2012
    Law Office of Mark J. Leonardo
    Law Office of Mark J. Leonardo | Mark Leonardo
    1. If you have UNDERINSURED motorist coverage on your own policy, your own carrier will pay. 2. You would have to sue the other driver or get him to voluntarily pay you the difference in order to avoid getting sued. Even if he lives in PA, you can sue him here, assuming the accident occurred in CA. He can be served by certified mail.
    Answer Applies to: California
    Replied: 7/20/2012
    Steven Harrell, Attorney at Law | Waymon Steven Harrell
    Turn the claim over to your carrier, pay the deductible, and let them subrogate the claim against the responsible party.
    Answer Applies to: Georgia
    Replied: 7/20/2012
    Salladay Law Office | Lance Salladay
    You have to make a claim against the other driverrs insurance company and if no insurance then against the other driver. If there is not enough insurance you only option is to pursue the responsible party separately.
    Answer Applies to: Idaho
    Replied: 7/20/2012
    Ezim Law Firm | Dean Esposito
    If the policy was issued in Louisiana, it is impossible for the property damage limits to be $5,000.00. Depending on when the policy was issued and accident occured, the property damage limits should be $10,000.00 or $25,000.00. If the limits really are $5,000.00, should you have collision coverage, you could file a collision claim with your own insurance company. You have to pay the deductible and insurance company pays the rest. Your deductible should be less then $2,000.00. If you do not have such coverage or UM property damage coverage, your only alternative is to file suit against the individual.
    Answer Applies to: Louisiana
    Replied: 7/20/2012
    Gonzalez & Cartwright, P.A.
    Gonzalez & Cartwright, P.A. | Charles Cartwright
    Do you have collision coverage on your car? If you do, that may cover the difference less your deductible. Florida policies are required to provide $10K per vehicle, $20K per accident property damage coverage.
    Answer Applies to: Florida
    Replied: 7/20/2012
    Kuhn Firm LLC
    Kuhn Firm LLC | Kevin J. Kuhn
    First, if you have collision coverage under your own policy, turn the claim in to your own carrier. They will pay the cost to repair your car, minus your deductible. Your carrier will then file a subrogation claim against the other driver in an attempt to recover what it has paid out. Your carrier will also attempt to recover your deductible from the other driver. If you do not have collision coverage under your own policy, then you could file suit in small claims court against the other driver. The other driver's insurer will defend the other driver, but will only pay up to its policy limits if you win. The remaining amount will be the other driver's personal responsibility. Of course, you will be spending a lot of time and money (filing fees, time off work to attend court) to do this. Moreover, judging by the other driver's low insurance limits, he/she probably does not have any money to pay a judgment. Unfortunately, it is unlikely a lawyer would want to take such a small case, unless you also have significant injuries and the attorney is handling your PI case as well. As such, assuming you were not injured, the wisest option is to turn the claim in to your own insurance company and let them deal with collecting from the other driver. This is what you pay your premiums for.
    Answer Applies to: Illinois
    Replied: 7/20/2012
    Law Offices of Stanley S. Lopata
    Law Offices of Stanley S. Lopata | Stan Lopata
    If your auto was not occupied (parked) when the accident occurred, you can reject the offer of $5000 and sue the driver in small claims court. If you accept the $5000, the insurance company will protect its insured by requiring you to sign a full release before it will hand over the money. If you were in your car at the time of the impact it is very likely that you suffered some physical injury (an accident with $7000 in property damages is a significant impact). The $5000 property damage limit indicates that there was also a $15,000 policy for personal injuries. Get your doctor to write a report indicating the nature and extent of your injuries and the amount of the medical expenses and submit that to the insurance company for full compensation.
    Answer Applies to: California
    Replied: 7/20/2012
    Dunn & Sheldrick, PS | Arin Dunn
    Unfortunately, most insurance companies won't pay on claims without working up the file and often conducting a deposition after a lawsuit is filed, or even more extensive work. Sometimes, they will delay a claim until the statute of limitations expires and than you have no claim to pursue at all. Technically, claims are brought against the responsible party, and that party's insurer may "step into their shoes" so to speak and help defend them or pay to resolve the matter. Here, it may be possible to negotiate with both the responsible party and their insurer to seek a full recovery. You could try on your own, but you would be taking some risks. Be careful if you proceed without knowing what you are doing. They will certainly have legal counsel and you will not. In most states, attorneys commonly handle these kinds of matters. Here, if the matter is too small to get an attorney interested in the case, you might want to check the rules on small claims court at your local law library. This response is intended to be general in nature and not specific advise about your case. I know nothing about your case and can't give specific advice about it unless I reviewed the matter. Good luck.
    Answer Applies to: Washington
    Replied: 7/20/2012
    Tuttle and Associates | Jeffrey Brook Tuttle
    File suit against the person who caused the collision and request the full amount of your damages. They will be entitled to an offset up to the amount of the insurance payment but you will be able to collect your deficiency. You will probably need to file in district court and not small claims given the total amount of your damages. I think the jurisdictional limit is 4k in small claims. You could use small claims if you were only pursuing the difference, but the insurance company will want you to sign a release before they will pay you the 5k. You can't do that if you want the full amount of your damages. You should contact a lawyer.
    Answer Applies to: Washington
    Replied: 7/20/2012
    Lehner & Rodrigues | Michael A Lehner
    Regardless of the limits of the insurance policy for the responsible party you are legally entitled to recover your full loss from the responsible party. I assume from your question that you do not have collision coverage under your own policy which would cover your property loss. You should also verify whether your own policy provides underinsured motorist insurance for property damage. If you have that coverage it would compensate you for the portion of loss not covered by the liability insurance for the other driver, depending on the limits provided by your own policy. You may be out of luck if the responsible party is unable to pay the uninsured portion and you do not have the insurance benefits mentioned above.
    Answer Applies to: Oregon
    Replied: 7/20/2012
    Dwyer, Black & Lyle, LLP
    Dwyer, Black & Lyle, LLP | Kevin Habberfield
    Talk to your insurance company or sue the person who damaged your car for the difference. Good luck.
    Answer Applies to: New York
    Replied: 7/20/2012
    Law Office of Gregory Crain | Gregory Crain
    If you have underinsured motorist coverage or uninsured motorist coverage. However he probably has more than 5,000 in property damage. If neither of these then you have to sue the person for the remainder.
    Answer Applies to: Arkansas
    Replied: 7/20/2012
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    Check with your insurance agent to find out if your Supplemental Underinsured Motorist Coverage covers this.
    Answer Applies to: New York
    Replied: 7/20/2012
    Vincent J. Bernabei LLC
    Vincent J. Bernabei LLC | Vincent J. Bernabei
    In Oregon, make a 30 day demand on the insurer and insured. If not paid in full within 30 days of written demand with proof of loss, file suit and recover the full amount of the claim and attorney fees and costs.
    Answer Applies to: Oregon
    Replied: 7/20/2012
    Law Offices of F. Richard Ricketts, PLLC
    Law Offices of F. Richard Ricketts, PLLC | F. Richard Ricketts
    If your damages exceed the policy limits, your recourse is to bring a small claims action against the responsible party for the difference between the insurance payout and the actual damages.
    Answer Applies to: Washington
    Replied: 7/20/2012
    Law Office of Ronald Arthur Lowry
    Law Office of Ronald Arthur Lowry | Ronald Arthur Lowry
    If you have uninsured/underinsured coverage for property damage in your auto policy that kicks in to pay the shortfall. Ask your insurer about that. If not, your only real option is to sue the negligent driver which can complicate things greatly about you getting the $5k from his liability insurer.
    Answer Applies to: Georgia
    Replied: 7/20/2012
    Law Office of James J. Rosenberger | James Joseph Rosenberger
    You may have to resort to coverage that your own policy might afford you. You can also bring a lawsuit for any deficiency between his/her coverage and your out of pocket costs. HOWEVER, do Not sign a release of claim (which the insurance co. will insist upon) until you've spoken to a lawyer. There are important issues related to these types of cases.
    Answer Applies to: Washington
    Replied: 7/20/2012
    Durkin & Graham, P.C.
    Durkin & Graham, P.C. | Joan Durkin
    If you have underinsured/uninsured motorist coverage.
    Answer Applies to: Texas
    Replied: 7/20/2012
    Adler Law Group, LLC
    Adler Law Group, LLC | Lawrence Adler
    If you don't have your own coverage to make up the difference, you must bring a claim directly against the person that hit you. You must do that without accepting the insurance limits since they will require you to sign a full release.
    Answer Applies to: Connecticut
    Replied: 7/20/2012
    Holcomb Chaffin Rogers & Finn | William M. Chaffin
    File suit. Also, may be some type of claim under Uninsured motorist coverage if you have coverage in Mississippi, but likely not worth anyone handling file.
    Answer Applies to: Mississippi
    Replied: 7/20/2012
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    How much damage you got?
    Answer Applies to: North Carolina
    Replied: 6/29/2013
    Brankey & Smith, P.C. | Rodney L. Smith
    You can make a claim on your policy depending on the coverage you have, or you can still sue the negligent party and recover the additional money from him personally.
    Answer Applies to: Illinois
    Replied: 7/20/2012
    Law Offices of David W. Hibbert
    Law Offices of David W. Hibbert | David W. Hibbert
    If the negligent party does not have sufficient insurance to cover the loss then you may have to hold them personally liable in court for any excess damages over their coverage. On the other hand , if you have UM , uninsured/underinsured coverage of your own then your own insurance may need to be involved to avoid a court proceeding.
    Answer Applies to: Georgia
    Replied: 7/20/2012
    Bernard Huff, Attorney/Mediator
    Bernard Huff, Attorney/Mediator | Bernard Huff
    You should at least consult with a poperty damage or accident lawyer for specific legal advice. That lawyer should advise you on ways in which you can seek complete recovery, including litigation and/or by entering into an agreement with the other party for payment of the additional amount over and above the insurance limit.
    Answer Applies to: Indiana
    Replied: 7/20/2012
    Gingo & Orth | George Gingo
    You must file a lawsuit against the party. I am unsure what a "PA" policy is as that term is undefined in your email.
    Answer Applies to: Florida
    Replied: 7/20/2012
    Rogoway Green, LLP
    Rogoway Green, LLP | Douglas Green
    If you have an Oregon policy, you should have underinsured motorist coverage. If so, review your policy to see if that will cover the difference. If the accident occurred in Oregon, you may be able to get the other party's insurer to make up the difference between the coverage and what a minimum policy would be under Oregon law. I would try these two options and/or contact an attorney to help.
    Answer Applies to: Oregon
    Replied: 7/20/2012
    Law Office of Pho Ethan Tran PLLC
    Law Office of Pho Ethan Tran PLLC | Pho Ethan Tran
    If you have UIM (under/uninsured motorist) coverage on your policy, you can submit a claim to your own insurance company. Otherwise, you will need to file a lawsuit against the other driver or the owner of the vehicle.
    Answer Applies to: Texas
    Replied: 7/20/2012
    R. D. Kelly Law Firm, P.L.L.C.
    R. D. Kelly Law Firm, P.L.L.C. | Robert Kelly
    Where the insurance policy limits are insufficient to pay for the damages, you can look to the personal assets of the tortfeasor.
    Answer Applies to: Washington
    Replied: 7/20/2012
    Gates' Law, PLLC | Thomas E. Gates
    Because your loss is more than the statutory limit for small claims, you will need to sue for damages. If you prevail, you can use the judgment to garnish their wages. An alternative is to accept the $5K and set-up a note for the remaining amount.
    Answer Applies to: Washington
    Replied: 7/20/2012
    Magnuson Lowell P.S.
    Magnuson Lowell P.S. | Richard S. Lowell
    Contact your own insurance company. Assuming you have Underinsured motorist coverage, they should cover the difference (occasionally minus a - usually reduced - deductible).
    Answer Applies to: Washington
    Replied: 7/20/2012
    Conway Law Pllc.
    Conway Law Pllc. | B. L. Conway
    Check your own policy limits particularly for UM coverage.
    Answer Applies to: Virginia
    Replied: 7/20/2012
    DEAN T. JENNINGS, P.C.
    DEAN T. JENNINGS, P.C. | Dean T Jennings
    The answer is you probably can't get it from them, but if you have an "underinsured" provision in your auto policy, you company can make up the difference. Don't settle with the party responsible for his limits until your auto insurance company agrees that you can do so and still reserve your rights against them.
    Answer Applies to: Iowa
    Replied: 7/20/2012
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    I do not fully understand your question and need more facts to form an opinion. The general rule is the party causing the damage is liable (except if it is under a "no fault" provision. It is then up to you to collect.
    Answer Applies to: Michigan
    Replied: 7/20/2012
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