Settling a Vehicle Damage Claim With The Other Driver's Insurance Co.

[mattyd]

Hey there,
I was wondering if I could get some advice or tips on what I should do get this resolved:

This was on 9/29/06, I was driving northbound at 50mph in a 50 mph zone. A driver heading southbound failed to yeild and turned left in front of me. I hit him and then we carried into a lady waiting at the intersection. I only had liabilty insurance so I filed a claim with the at-fault drivers insurance. There is a police report and it clearly states he is at fault and that he admitted to the officer that he didnt see me coming but when he spoke with his insurance he now claims that he did see me coming and that I was speeding. I dont know if that has any impact on the case though. Anyways, his insurance company says my car is a total loss and there might be issues with property damage limits.

I am worried that they will try to split fault saying that I was speeding even though the police report states otherwise.

I am also worried that the property damage limit will not be sufficient to pay off my car loan.

I am also concerned because this was over 1 month ago and they still havent settled the claim, they claim to be waiting on the pics and report from the 3rd car involved.

Do you have any advice on this? Do they have a time limit to settle this claim? Also, there was no injuries and happened in CA. Thanks!

[Mr. Knowitall]

If you're upside-down on your car loan, it is quite possible that the settlement won't be sufficient to cover the loan. That's what gap coverage is for.

Get evidence of the car's value, so that you'll have something to counter with when they try to give you a lowball settlement offer.