Q: After you settle a car accident from the at-fault party can I take the money that is recieved and still file a claim?
I was in an accident where my side view mirror was damaged and some cosmetic scrapes along side the driver's door. No one was hurt so I opted to file a claim with their insurance. At the time of this post, I am awaiting payment. Their appraiser came out a took a report/pics. I figured the money recieve would just cover the cost of repairs. I am a rideshare driver full time and very low on cash. I could really use the money and since my own insurance deductible is only $250, I figured the difference between the two could put money back into my pocket. However, I don't want to do anything that would jeopardize my freedom so any advice would be appreciated.
A:
No. You can only collect once. The obvious benefit of collecting from the at-fault driver is that you are not out-of-pocket for your deductible (although if the other driver is determined to be at fault, you will get your deductible back). If you need the $250 now, get more aggressive with the other party's adjuster. If the adjuster is not responsive, follow up with his/her supervisor. That usually works. Good luck.
(You probably know this, but once you get the check for the repairs, you can use it for whatever you want. You don't need to use it to repair your car.)
A: You can if you did not sign a release. Often in property damage cases, the insurance company does not require a release which leaves the door open for a lawsuit. You cannot collect twice. For example, if they paid you $2,000 and you got a $5,000 verdict at trial, you would get $3,000.
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