Ok I was on a hwy and slowed down because I saw a red car stopped on the freeway . I was in the middle lane and came to a full stop because the car was stopped in front of me and I was scanning around too see how traffic was , once I saw a jeep coming towards me at a fast speed it was too late too move lanes becus of on coming traffic , after everything the man in the jeep was arrested for DUI my car is so damaged its not fixable . I have liability and I'm not sure about the other driver , I wasn't able to communicate to him but Im curious to know what his insurance will do for me ! I'm left with no car hellllppppp
Tom Z2012-12-08T07:19:11Z
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California is a fault state so that means you have the legal right to recover your damages from the driver of the Jeep. Hopefully that driver is insured. Other wise you would have to go to court, get a judgment and pray his assets are more than "two dimes to rub together".
If his insurance company has not already contacted you, contact the police department and ask if they know what company he was insured with. Better yet, go get a copy of the report which usually cost about $6. This will have his name, car, license number, insurance company and everything you will need. Then you can contact his insurance company and tell them what happened. Hopefully he had liability insurance and did not let the policy cancel for nonpay. If his company refuses to pay you, the only other option is small claims court.
First of all, someone else's insurance never "covers" you. Sometimes, however, you can still file a claim against their policy.
If they have one.
If he has insurancpe, IF he's a covered driver, then his insurance would pay up to the property damage limit, however much that is, for the lesser of the actual cash value of your car, or the cost to repair.
People who break one or two laws, however, usually don't have a problem breaking three laws, so it's quite possible he is uninsured.
If the other driver has proper liability insurance, the insurer should cover all costs to bring your car back to good condition. If beyond repair, the insurer will pay you the market value of the car, and will then take the car from you and dispose of it in a salvage facility.
Being the other party fault, you can claim against his company. If by any chance he doesn't have insurance, I don't know in your state but some states the policy have a "uninsured/under-insured" clause, in which your policy will pay the claim.