As a result of the accident, I have lost the use of my vehicle -- can I recover damages for a car rental or loss of the use of my vehicle?
Yes. The driver who caused the accident is responsible for payment of a car rental up to a certain amount per day. Even if you do not rent a car, you are still entitled to a payment for the loss of use of your vehicle up until the other driver’s insurance carrier makes a reasonable offer to pay for the repair or replacement of your vehicle.
Can I pursue a claim against the other driver even if the insurance company is arguing that I in some way contributed to causing the accident?
Absolutely. However, any recovery will be reduced by the percentage of your own negligence. For example, if you were truly 30% at fault in causing the motor vehicle accident, your damages would typically be reduced by 30% and you would receive payment of 70% from the adverse driver -- assuming the adverse driver was at fault for the remaining 70%. The exact percentages will be agreed upon by the parties or be determined by the ultimate finder of fact, which would typically be a judge or jury.
Can I pursue a claim against the other driver even if the other driver did not have any insurance?
Absolutely. One potential option is to pursue the other driver personally in the absence of insurance coverage. However, this option is often not very practical and collecting any eventual judgment can be very difficult. However, if you had insurance at the time of the accident, you may make a claim under your uninsured motorist (U.M.) coverage provision of your own insurance policy. Any potential claim would be subject to the applicable statute of limitations.
What if the other driver was completely at fault for the accident but only has insurance coverage of $25,000.00 and my damages far exceed that amount?
If you had automobile insurance, it may be possible to pursue a claim under the underinsured motorist provision of your policy (UIM). However, such claims can be very tricky and certain requirements must be met to proceed on the underinsured motorist portion of your claim. A settlement with the other driver or their insurance company may bar any potential underinsured motorist claim. Please call our office for details regarding possible representation.