I’m seeking some advice regarding a car accident I was in. A woman ran a red light and hit my car, which has been deemed a total loss. She is claiming that I was at fault, but the damage clearly indicates that she caused the accident.
Today, her insurance company contacted me for a brief overview of the incident and informed me that she stopped paying her insurance in December. As a result, my claim has been denied.
Now, I’m feeling lost about what to do next. On top of everything, I still owe about $23,000 on my car loan. Any guidance would be greatly appreciated!
I’m sorry to hear about your situation; that sounds really stressful. Since the other driver’s insurance is declining your claim due to her not having active insurance, here are some steps you can take:
Gather Evidence: Collect all evidence from the accident, including photographs of the scene, damage to both vehicles, police reports, and any witness statements. This will help support your case if you pursue legal action.
Contact Your Insurance: Even if the other driver is at fault, you should reach out to your own insurance company to report the incident. They may be able to cover some of your damages, especially if you have collision coverage.
Consult an Attorney: Given the complexities of your situation, it may be wise to consult with a personal injury attorney who specializes in car accidents. They can help you understand your options and may assist you in pursuing compensation from the at-fault driver, especially if they can prove her negligence.
Negotiate with the Lender: Since you still owe money on your car loan, contact your lender to explain the situation. They may have options, such as deferring payments or discussing potential solutions for when you find yourself in a situation with a total loss.
Consider Filing a Claim Against the Driver: If the other driver is uninsured or underinsured, you may be able to file a claim against her directly, although this can be complicated and may require legal assistance.
Explore Further Insurance Options: If you have uninsured/underinsured motorist coverage on your own policy, this may provide additional protection in cases like yours.
Remember to document all communication regarding your accident and any claims you pursue. Stay persistent, and don’t hesitate to seek professional help to guide you through this process.