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    emmasmom22's Avatar
    emmasmom22 Posts: 1, Reputation: 1
    New Member
     
    #1

    Jun 9, 2010, 01:09 PM
    Should I be responsible for mitigating my damages when no one told us.
    I was in a car accident. The other driver went in reverse and hit the front of my van. He totalled the front and admitted fault. His insurance company did not contact me for 2 weeks after the accident. They only contacted me once they received the police report. The other driver had our contact information. Our insurance already contacted him for his statement and has sent an adjuster out to look at the van.
    When I talked to the other insurance, they said they are only liable for the van from the day they spoke to me and for three days after that. I do not think that is fair. I do not have $750.00 to pay to have it moved. No one ever mentioned it to me. My policy does not cover collision, so I wouldn't have known that. If it is his fault, which he admitted when he reported it, that insurance should be liable for all costs, right??
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
    Uber Member
     
    #2

    Jun 10, 2010, 06:37 AM
    Quote Originally Posted by emmasmom22 View Post
    If it is his fault, which he admitted when he reported it, that insurance should be liable for all costs, right???
    Hello e:

    It should be. I'd sue the driver in small claims court.

    excon
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #3

    Jun 10, 2010, 07:11 AM
    Quote Originally Posted by emmasmom22 View Post
    ... they said they are only liable for the van from the day they spoke to me and for three days after that. I do not think that is fair. I do not have $750.00 to pay to have it moved. ...
    I'm not understanding what they are saying: they only admit liability for your expenses incurred within 3 days?

    That's preposterous.

    Did the towing cost become necessary because you delayed in having it towed? That would be how a duty to mitigate would come into play.

    Somebody is either not understanding or is trying to bluff you.

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