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A driver was cited for failing to yield at a stop sign. My car was totaled and the other driver had no insurance. I will have to rely on my insurance company. I have missed time off work and my injuries have cause pain and suffering. Is my insurance company responsible to pay for my total expenses to include pain and suffering, time off work, medical expenses and car repair? If we differ on total claim cost , what option do I have to collect those expenses?

You have a lot of questions that may require legal advice. We will try to help you with some answers. The answers are dependent on your policy and your state (laws).

Your insurance company isn't responsible to pay for your total expense. They are required to pay for your damages and claims that fall under the coverage that you have on your policy. Depending on the coverage you selected, the company will pay your claims up to the limits of your policy.

Please read our article titled, Auto Accidents and Pain & Suffering.

The other party is still responsible, regardless of your insurance policy responsibilities. Your insurance company will try to collect from the responsible party, but if they don't you have the option to take legal action against the other party.

Good luck and we hope that you recover successfully.

 

 

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This car insurance question was asked on 9/29/2006
This auto insurance answer was last updated on 10/18/2006
David S requested this car insurance solution.
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