Q: My boyfriend was driving my car and was in an accident. He was deemed not at fault but the other guys ins denied claim.
My bf was insured to drive my car. While driving it, he was in an accident. I was not there. He got a speeding ticket based solely on the slide to stop formula and that was the reason stated for the claim being denied even though the report said it was the other guys fault. My bf had liability coverage only on himself, i was not insured and the other guys insurance denied the claim. I am left with a totalled vehicle. Since i had no insurance at the time i cant file with my own company. Do i file a suit against the other driver or both the other driver and my boyfriend? Or do i just cut my losses and sell it for parts?
A: If you have collision coverage, then your insurance should likely pay your property damage claim, regardless of fault. If you have collision coverage (or the equivalent of said coverage), you should make a claim with your insurance company. While the alleged at-fault driver's insurance has denied your claim, you should still hire an attorney to pursue your claim and said attorney could file suit if necessary. Insurance companies routinely deny pre-suit claims by unrepresented parties.
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