Ask an Attorney a Question for FREE!

Do I have to pay anything out of pocket?

by Robert

I was struck while driving my truck by another driver who ran a stop sign while speeding.

The other driver's insurance company has sent me a letter stating they take FULL responsibility for the crash on behalf of their client.

My truck has been in for repair for 7 weeks now, 3 weeks of which were waiting for parts, which my mechanic and auto body guy originally stated we needed, yet the other driver's insurance "estimator" stated was not needed. As the repair unfolded it was found indeed the parts were needed. In particular, my drive line needed to be replaced.

The "estimator" authorized a used part of the same year (2002). After exhaustive country-wide search a usable used part was not found. A request for a new drive line was denied and the search continued. The solution was then to send it to a place that cuts off the bad end and replaces it with another one. In all the search took three weeks. The actual repair took a little over one week.

I want to know if I have any recourse or rights for the delay in the repair of my truck by insisting on a used part, rather than making me whole in this regard in a timely manner with a new, readily available part?

Also, the damage was to the rear end of my truck which includes the tire. The other insurance company is only taking responsibility for one half the damaged tire, rather than replace it fully to make me whole.

One new tire is not recommended, so actually a second tire is required as well. Although I planned on replacing my tires in about a year from now, this accident has now placed me in a position where I have to purchase 1 1/2 tires, which would place me in financial hardship. Since the other insurance company has stated they accept full responsibility, should I have to pay anything out of pocket, as the other insurance company has a duty to make me whole?

I guess in short I am asking at what point does an insurance company have to do what is necessary to make me whole?


Hello Robert,

This sounds very messy. They can take three or four weeks (months even), you have a rental car. If you don’t, they owe you.

The issues retarding fixing a part v. giving you a new one is difficult. It is true that you did not have a new part, but it is also true that you did not have a fixed or repaired part. I guess you can ask for warranties on that.
The issues with the tire are very interesting. It's like saying that I only damage one shoe so I will only pay for one. Insurance companies have been successful in some instances on that argument, but in some other forums they have not.

File a complaint with the department of insurance and seek the advice of an attorney.

Good Luck,
Auto Insurance Claim Advice

Click here to post comments

Join in and write your own page! It's easy to do. How? Simply click here to return to Got Questions?.

Please see more answers to recent personal injury and auto accident questions below:

For a Free Review of Your Case
Please Call (866) 878-2432