Legal Question in Personal Injury in Illinois
who is going to pay for my car?
I was in a head on auto accident saturday. I was on a highway coming into town. speed limit 45. on my side of the road there was a bar that was having a hog roast and band. while i was on the highway going into town, a car coming the oppesite direction comes into my lane wanting to turn into the bar. I hit him head on. Now my insurance says they will only cover what the car is worth. My car was totaled. since it was the other drivers fault shouldn't he be liable to pay what ever was left on the car loan?
3 Answers from Attorneys
Re: who is going to pay for my car?
If it is the driver's fault, he is responsible for the value of your car, not what is remaining on the car loan. I suggest that you go to the website for NADA, Kelleys and Edmunds and determine the value.
Re: who is going to pay for my car?
Dear Sirs:
The other driver's insurance company can be compelled to pay for the full value of your vehicle as well as the cost of any rental cars during the time your car is in repair.
If you were injured, you of course have a claim for personal injuries as well.
Please call us to discuss at (312) 977--9900.
Many thanks.
Sincerely,
John C. Wunsch
Law Offices
JOHN C. WUNSCH, P.C.
(312) 977--9900
AUGUST 23, 2006
Re: who is going to pay for my car?
Your own insurance is not obligated to pay more than what the car is worth--regardless of how much you paid for it.
However, the other driver has an obligation to put you in a place where all damages resulting from his carelessness is righted. That is, if you owe more on your car than your insurance is reimbursing, that is a compensable damage. Same goes for all out of pocket expenses along with any personal injuries, pain & suffering, loss of normal life you may have experienced.
I hope this helps,
Taradji Law Offices
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