Car Accident With a Wrongful Death Claim

[nickwill29]

I am from indiana and recently got into a car accident in Florida.
My car has fullcoverage through unitren direct We were driving on a state route heading west the car that hit us was heading east. the person was trying to pass someone and must have lost control and came into our lane both east and west have two lanes we were in the far right lane. well she is dead now and our car is totaled.
Well the car is finaced through a bank and we owe 11000 on it but its value is only about 8000. how can I get the insurance to pay off my car and give some money to buy a new car It wasn`t my fault!

[Mr. Knowitall]

You probably can't, unless you purchased bridge coverage (insurance which covers the difference between a car's retail value and what you still owe on the loan).

[nickwill29]

so I am screwed even thought the police report says she was at fault due to reckles driving ?

[Mr. Knowitall]

The problem is, your damages as caused by her would be the replacement value of the car. The fact that you owed a greater amount on the car is not something she caused with the accident, and thus it is not something you can recover against her. This is why auto dealerships typically offer bridge policies, particularly to buyers of new cars, as part of the financing.

[nickwill29]

So my insur. wants me to sign a power of attorney for them to settle the value of the car with the bank and then I am out of the game paying for the car and not having one. They can just do that with someone???