Q: My car was hit and totaled by a Uhaul truck. Other driver was found to be 100% at fault. I had to pay almost $800 out
pocket for my deductible and car rental until I found a new car. Uhaul insurance (rep west) is stating they only pay $5000 toward the car. Geico (my insurance) is saying they keep that full amount because they paid me for the totaled car. The other driver said he had private car insurance in addition to the uhaul insurance but did not have the info with him and he has not responded to the insurance company when they have tried to reach him for information. Do I have any way of getting my money reimbursed? Can I sue the driver directly?
A: Very sorry to hear you were in a vehicle collision. Hope you are ok. If your claim is under $10,000.00, you should sue both the driver and the registered owner of the vehicle in Small Claims Court, as both are responsible. Many people think you sue the insurance company but they only provide coverage to those liable for your damages. PREPARE for the small claims trial by putting together all the bills for your damages (it doesn't matter what U-Haul claims adjuster says they pay, they must pay what the Court Orders/Adjudges) and provide a cover sheet listing the bills and ADDING THEM UP. Photos of the damaged vehicle will help, along with several indicators of its value- Kelly Blue Book, Autotrader listings same make/model/year, and other online ads for the replacement vehicle. You will have to reimburse Geico 100% of what you get if it is less than what they paid. Include the Geico payout paperwork.
A:
you can sue in small claims court for up to $10k.
however, before doing that I would write a demand letter to the Defendant memorializing the facts and including pictures of the damage. S/he won't respond and attach the demand letter with small claims action.
were you injured? any loss of income?.....if so you can sue for that too.
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