the Insurance company said the person who hit my car only has 10,000 property damage and my car is worth more.

UPDATED: Oct 1, 2022

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the Insurance company said the person who hit my car only has 10,000 property damage and my car is worth more.

The insurance company of the other person looked
at my car and said it is total loss. However, they said
their client only has 10,000 in property damage
liability and my car is worth more than 10,000. They
said the claim not not go through. What should I do?

Asked on February 27, 2018 under Accident Law, Washington


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You can sue the at-fault driver for any amounts in excess of his insurance coverage. His liability, or responsibility to pay, is not limited by his insurance. He would have to pay any amounts over his insurance personally, or out of pocket.

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 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.

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