What to do regarding accident property damage?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do regarding accident property damage?
I was recently in an auto vs. motorcycle accedent. The other driver was found at fault and sighted for failure to yield. The motorcycle that I was on was totaled. I have come to an impasse as my loss exceeds the others insurance property damage limit. I did not have underinsured coverage (my mistake I know). Will requesting an affidavit of no other insurance or assets allow me to ask the at fault driver to cover the rest of my loss if it shows that they can? And what assurance do I have that they’ll even be telling the truth? I’m not against hiring a lawyer for the personal injury and medical bill portion but have been told that they usually do not help you with the property damage?
Asked on August 20, 2013 under Accident Law, Nevada
Answers:
Gregory Abbott / Consumer Law Northwest
Answered 10 years ago | Contributor
If the other driver was at fault, then they are financially responsible for your damages - both personal and property. If they had insurance, that insurance company may assume responsibility for amounts up to the coverage limits. However, the driver is still on the hook for your total damages, minus whatever his/her insurance company pays you. The driver usually must list his insurance company with the DMV of his/her home state. Regardless, you don't need any sort of an Affidavit from the other driver - your claim is against him/her and they will normally turn it over to their insurance company. Even if they do not, your claim is still against them but you can notify their insurance company directly if you wish, after you find out who it is from the DMV.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.