Re: 2007 9-5 banged up in parking lot - Saabnet.com Bulletin Board
Laws vary from state to state, but if your dad has comprehensive insurance on the car, the easy button is to file a claim with his insurance. They will subrogate the claim to the at-fault drive. If he has liability only insurance, that won't work.
Rental coverage is typically a line item. Same deal. It'll be easier for him to run through his insurance if he has that coverage, and they will try and get the costs back from the at-fault driver. If he does not have coverage, you can typically require the adverse's insurance to cover that cost since loss of use is a completely valid form of loss that would be recoverable in the claim.
The value of the car you don't have much control over. They'll give you a number, you accept it or fight it. You have little legal leverage here in most states. Unfortunately, that's the way it works. Sometimes you'll get a sympathetic or impatient adjuster who will make the thing go away with money, other times you're SOL short of a suit... and in most states property damage suits don't go very far because there isn't much money involved and isn't much leverage.
In my office, what I've observed is that most attorneys will tell you to do what you need to do to be made whole - rent the car, see the doctor, do whatever you gotta do to keep your life moving then fight about who's paying on the back end. Receipts are leverage, implications of future expenses not so much.
posted by 12.195.130...
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