The Accident Was the Other Driver’s Fault, but the Insurance Company Is Offering Me Less Than I Owe for My Car

Indianapolis Personal Injury Law William W. Hurst

Were you in a car accident that was not your fault? If the police report and insurance companies deemed the other driver at fault in your accident, you are entitled to compensation for your losses.

This process, however, isn’t always straightforward. What happens if the insurance company has issued a settlement offer and it’s significantly less than you owe on your car or your medical bills? What should you do next? How should you navigate the process, and how can you ensure you get rightful compensation?

Establishing Fault: What Does It Mean?

If the other driver caused the accident, that driver is responsible for your damages. Such damages may include car repairs or replacement, medical treatments and rehabilitation costs, lost wages and lost earning capacity, and pain and suffering.

A car insurance policy may indemnify the other driver, in which case the payment of damages could come directly from the insurance company. If an insurance company is involved, an adjuster will determine whether your car is repairable or if the accident totaled it. In either case, the insurance company may set the repair cost it will pay for, or the total value of the car if it’s a write-off.

How Can I Get Rightful Compensation?

Insurance companies make profits by selling the maximum number of policies and paying the minimum amount for claims. Unfortunately, this means an insurance company may offer you significantly less for your car than you owe for it. If you accept a settlement offer in this circumstance, you will still need to pay off your car, including any shortfall.

An insurance company may offer you less than you owe because:

  • You owe more for your car than it’s worth. If you bought a car new and the value depreciated quickly, your car’s value may have dropped to less than the amount you owe.
  • There are early payoff penalties for your car loan. If you signed a loan with early payoff penalties, the cost of penalties may increase the total amount you owe for your car.
  • The insurance company wants you to sign a low settlement offer. In this case, your settlement offer may constitute a minimum payment for significantly less than the amount you actually deserve.

Call the Law Offices of William W. Hurst After Your Indianapolis Car Accident

If you were in an accident caused by someone else, and you are struggling to get rightful compensation, don’t sign a settlement offer. Speak to a lawyer who has experience working with insurance companies, and learn what Indiana law may entitle you to.

The lawyers at the Law Offices of William W. Hurst specialize in helping accident victims protect their rights. If someone else caused your accident and the insurance company has not offered what you owe for your car, call the Law Offices of William W. Hurst at (317) 636-0808 or use our online form and contact us.

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Indianapolis Personal Injury Law William W. Hurst
William W. Hurst

Bill Hurst has successfully represented hundreds of accident victims, and has limited his practice to personal injury cases for over thirty-five (35) years.


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