by hgold413 » Sun Jan 31, 2010 10:04 pm
Ok here is the deal!!!!!
i was involved in a car accident on Friday night Jan 29, 2010.
I live in Pennsylvania, a "No Fault" state.
I was on my way from from work. While I was driving north bound a vehicle going south bound, veered into my lane and JUST stopped. He says he was trying to make a turn and missed the drive way he was turning into (he passed it by). The driveway was on his left hand side.
When he missed the missed the driveway, he completely stopped in the middle of the road in my lane of trafic. This happened not more than a couple of hendred feet in front of me. My 2001 Lincoln Continental is most likely totaled. The officed at the scene explained to me that the accident was not my fault at all, and I should not be worried about it.
Here are the questions.
1) I most likely owe less on it than what the car is worth. But I would like to know, if the insurance will only cover what the car was worth or will his insurance company be responible for companstating me for another car?
2) Since the officer said this was his fault, even though I live in a "No Fault" state am I able to sue him in court for my loss of transportation? You see I got a loan for the car about 3 years ago, and I have had finicial trouble since than, I am not sure if I am able to get another loan.
Please reply!!!!
i was involved in a car accident on Friday night Jan 29, 2010.
I live in Pennsylvania, a "No Fault" state.
I was on my way from from work. While I was driving north bound a vehicle going south bound, veered into my lane and JUST stopped. He says he was trying to make a turn and missed the drive way he was turning into (he passed it by). The driveway was on his left hand side.
When he missed the missed the driveway, he completely stopped in the middle of the road in my lane of trafic. This happened not more than a couple of hendred feet in front of me. My 2001 Lincoln Continental is most likely totaled. The officed at the scene explained to me that the accident was not my fault at all, and I should not be worried about it.
Here are the questions.
1) I most likely owe less on it than what the car is worth. But I would like to know, if the insurance will only cover what the car was worth or will his insurance company be responible for companstating me for another car?
2) Since the officer said this was his fault, even though I live in a "No Fault" state am I able to sue him in court for my loss of transportation? You see I got a loan for the car about 3 years ago, and I have had finicial trouble since than, I am not sure if I am able to get another loan.
Please reply!!!!
Posted: Sun Jan 31, 2010 10:57 pm Post Subject:
1) If a total loss, they only owe the value of the vehicle (Actual Cash value) to for a brand new 2010 vehicle (Replacement Cash Value). Though, when you say a "replacement" vehicle do you mean the _exact_ same vehicle? If so, yes... this is owe the value of your vehicle is determined. It's still ACV.
2)No fault only applies to injuries, no property damage in PA. The other carrier will consider loss of use/rental/transportation loss along with the damage to your vehicle... up to the other person's policy limits.
I could see the other carrier possibly assigning some negligence on your part. No much, but some. Just depends. If so, this will reduce the amount they pay by your percentage of fault.
Posted: Sun Jan 31, 2010 11:13 pm Post Subject:
No, I know they most likely pay for the actual value of the car, but what I am wondering, sicne this is his fault will they also give me money for another, since I still owe money on the totaled car?
If not will I be able to sue the indivual himself, for loss of use? I might not be able to get another loan
Posted: Sun Jan 31, 2010 11:27 pm Post Subject:
They owe for the value of the car and consideration for a reasonable amount of time for a rental. That is all their insured owes you. You will have to pay off your loan and then the balance of the money is yours. It is not their insured's fault if you can not get another loan.
Posted: Mon Feb 01, 2010 12:04 am Post Subject:
Loss of use is owed until an offer is made on your vehicle, no longer. So as long as this is paid, you should have no recourse for more. Can you sue? Sure. You can sue for anything. But the law reconizes that this is all that is owed.
As mentioned, it's not the other drivers fault you won't be able to obtain a loan. I certainly understand where you are coming from, it's just not owed.
Posted: Mon Feb 01, 2010 04:47 am Post Subject: Totaled car
1. When a car is totaled, the insurance company pays you the Actual Cash Value of the car. It does not actually "replace" your car. It does compensate you.
2. You can definitely sue if you want, but no one is responsible for paying your loan amount other than you. However, if you are covered under the Gap insurance policy, you need not worry about the loan you owe as it is their responsibility.
Posted: Mon Feb 01, 2010 07:16 am Post Subject:
I certainly understand where you are coming from
I understand as well, but it just is what it is. Didn't mean to sound harsh.
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