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Car totaled, the other party does not have insurance?
I was recently rear ended and my car rolled ending in a total loss of my car.
The girl who hit me was cited for reckless driving. She claims to have insurance but did not have proof with her at the scene.
Everything has been going through my insurance and now they want to send me a settlement for the average cost of the car.
First, I was wondering if she does have insurance shouldn't her insurance be covering my expenses (not just the loss of the vehicle, but also the fact that I have been put out)? Shouldn't there be some compensation?
I feel like I'm being penalized and I am not at fault at all. What
questions should I ask before I settle with my own insurance, etc.?
Should they pay for the hassle? Yeah they should, but this is only my opinion. Do they legally owe you for the hassle? No, they don't.
The damages they owe for are: The cost of repairing the vehicle or the cost of the vehicle if it was a total loss and the loss of use or rental cost while the car gets fixed or the car is declare a total loss.
You are entitled to pain and suffering, loss wages, etc. when there is an actual injury. Basically, you have to be injured (physically) before the insurance company will be required to take those damages into account.
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