Need Advice from the Auto Experts

[Crabcake Johnny]

My nephew was just involved in a car accident two days ago while in Delaware - he's a MD resident.

He's pretty banged up but released however his passenger is still in the hospital. He claims the other driver ran a red light but the other driver maintains his innocence. There were no witnesses and the police didn't issue any citations. Come to find he's going to have to pay and wait three week just to get the police report.

He just bought a new car six months ago and because he needed full coverage and he's just a waiter he declined PIP - which would have covered him and his passenger.

His first call to his auto carrier was not positive - basically "bite me."

So, how screwed is he. This is going to be "he said she said" regarding fault. From what I know, unless he can pin it on the other driver (the car is totaled) the carrier's gonna cut him a check, likely jack his rates (that he can already barely afford) which probably don't be enough to pay off the loan which leaves him without a car?

Then we get to his passenger. Without someone specifically at fault...unless they go to court will she go after his carrier for payment? And since he declined PIP, could he could be personally liable for her medical bills?

 

[simple man]

The insurance will pay the lender on the value of the car and
he'll be responsible for the balance. Technically he's responsible for the passengers injuries. Call me if you like
702-499-5326. I sat next to you at the IHIAA meeting in Vegas.... Rob

 

[JCK818]

Tell him not to speak to the insurance company again!!! Tell him to get an attorney let them handle the claim. They will trick him into saying something he should not say.

 

[Josh]

Was it a brand new car or just new to him? Depending on where he got his loan it may have included gap coverage, VW credit and most credit unions will include it with loans, so he may be saved on that. Either way I would have just given the doctors, hosptials, etc the other guys insurance is liable for it and left at that. Usually even if they are denying it that would buy the 3 weeks plus to wait for the police report.

There aren't adjusters looking at this and deciding who's at fault before the police report? Even if the other driver is held liable, it won't be for the "full value" of the car. That being said, if he bought it used and it was literally two days before the accident he *might* actually get a check for the full value of the car more a few bucks more. If it's brand new, he's going to be stuck regardless of who pays out on it.

 

[danielnoah98]

Im curious to know who his insurance carrier is??? Sounds like good ol progressive to me??

 

[Alphaone]

I would hire an attorney.