Do I Need to Pay Back My Car Insurance Company After an Accident?

Do I need to pay back my car insurance company after an accident? A viewer from Smyrna writes in and asks Attorney Ben Schwartz for the answer! 

Do I Need to Pay Back My Car Insurance Company After an Accident?

TRANSCRIPT:

Hi, I’m Attorney Ben Schwartz.

Today, we’re going to answer a viewer question. Alex from Smyrna, Delaware wrote in and asked, “I’m getting a settlement from the at-fault driver’s insurance company after my car accident. Do I have to pay back my insurance company out of the amount I receive?

It depends on the state where the car accident occurred. It also depends on the car that you are driving; i.e., where is it registered and insured. Alex, I’m going to assume that you are a Delaware driver. You drive a vehicle that is registered and insured in Delaware, and you were in an accident in Delaware. So, I can tell you that you do not have to pay back your insurance company from the settlement you receive from the at-fault driver’s insurance company if you are in an accident in Delaware.

Your own insurance company pays for your medical bills and your lost wages resulting from an accident. You get a settlement from the at-fault driver’s insurance company, and you do not need to pay back your insurance company for what it paid for, like medical bills and lost wages. I hope that answers your question, Alex.

My name is Ben Schwartz. If you have a question that you would like answered on the air, please send me an email below. If I can’t answer it on the air, I can talk to you about coming in so I can give you more details.

Thanks for watching! I appreciate you and I hope you found this informative and helpful.

Do I Need to Pay Back My Car Insurance
Company After an Accident?

Office Locations - Personal Injury Lawyer

Click or Call 1-855-TIP-THE-SCALES

We have offices conveniently located to provide expert legal representation in Delaware, Maryland, New Jersey and Pennsylvania.

Dover, DelawareWilmington, DelawareHavertown, PennsylvaniaSalisbury, Maryland
Dover, Delaware
(302) 678-8700
1140 & 1126 South State Street
Dover, Delaware 19901
Central Fax: (302) 678-8702
Directions & Map
Wilmington, Delaware
(302) 654-4930
1525 Delaware Ave.
Wilmington, Delaware 19806
Central Fax: (302) 678-8702
Directions & Map
Philadelphia, Pennsylvania
(610) 853-4888
850 West Chester Pike Suite 205
Havertown, Pennsylvania 19083
Central Fax: (302) 678-8702
Directions & Map
Salisbury, Maryland
(410) 546-6415
Suite 500-A, 100 East Main Street
Salisbury, Maryland 21801
Central Fax: (302) 678-8702
Directions & Map

In a hurry? Send us a quick Email.

Your Name (required)

Your Email (required)

Telephone (required)

Subject

Your Message

Email Disclaimer

Facebook Message Schwartz Lawyers

Please direct all mail to our
Dover, Delaware office.

What if I Co-Sign a Loan and the Car Gets Totaled?

My nephew asked me to co-sign a car loan. He was in an accident that totaled his car. Does the bank have the right to come after me if the payments aren’t made? 

What if I Co-Sign a Loan and the Car Gets Totaled?

TRANSCRIPT: Hi, I’m Attorney Ben Schwartz.

Hi, I’m Attorney Ben Schwartz.

Today, we’re going to answer a question from Lisa in Seaford, Delaware. Lisa says: “I co-signed a loan for my nephew to get a car. He ran off the road and had a bad car accident. It’s totaled. He never paid his insurance, and the bank wants me to pay for the rest of the loan payments on the car. Shouldn’t they go after my nephew first?

If you co-signed for your nephew to get the car and he’s not paying the bank – and there was no insurance to pay off the car after it got totaled in a car accident – then you are on the hook to the bank. You have agreed to pay the bank if your nephew does not make good on his loan. I assume that he didn’t pay the bank. They have the right to go after you for the remaining balance. It’s an unfortunate thing. As attorneys, it’s something that we see all the time.

I want to offer something for you to think about, Lisa. In the future, you should never co-sign for someone’s loan unless you are willing to pay off the loan yourself. In other words, if this is your nephew that you love more than anyone in the world and you want to give a gift to him and you want to give him a car…then that is a noble and wonderful thing. If that is your situation, then you should feel free to co-sign the note. That’s not how it happens, though and people go to a car dealer because they want to buy a new car. The dealer helps them find a car that they’re ready and willing to buy but unfortunately are not able to. When the salesman at the car dealership runs their credit app, the credit gets declined. They can’t get a loan on their own to buy the car they want. The salesman asks the person to think about who to call. Who might be willing to co-sign a loan for you, so that I can sell you this car? They think who is going to co-sign this for me? In this case, your nephew called you.

As an attorney, I often see these types of cases. If a family member or a friend calls you and says, “Hey, I’m trying to get this car. Can you co-sign the loan for me?” The question you really should be asking yourself is, “Do I love this person so much and do I have the wherewithal and the finances to make a gift to them by way of this car?” If the answer to that question is no, then you have no business co-signing a note. When you co-sign for a loan, you’re saying that you are responsible and willing to pay for this person’s debt in the event that he or she can’t.

I really don’t think that people should co-sign loans for family and friends if they don’t have the money. If you don’t have the credit, then you shouldn’t be buying a new car. I would suggest you build up your credit. Go to a credit repair agency. Pay your bills on time. Develop a good credit score, and buy your own car.

You can send an email below if you have legal questions for me about personal injury, car accidents or anything of that nature that you would like to see answered on the air, send me an email.

Thanks for watching!

What if I Co-Sign a Loan and the Car Gets Totaled?

Office Locations - Personal Injury Lawyer

Click or Call 1-855-TIP-THE-SCALES

We have offices conveniently located to provide expert legal representation in Delaware, Maryland, New Jersey and Pennsylvania.

Dover, DelawareWilmington, DelawareHavertown, PennsylvaniaSalisbury, Maryland
Dover, Delaware
(302) 678-8700
1140 & 1126 South State Street
Dover, Delaware 19901
Central Fax: (302) 678-8702
Directions & Map
Wilmington, Delaware
(302) 654-4930
1525 Delaware Ave.
Wilmington, Delaware 19806
Central Fax: (302) 678-8702
Directions & Map
Philadelphia, Pennsylvania
(610) 853-4888
850 West Chester Pike Suite 205
Havertown, Pennsylvania 19083
Central Fax: (302) 678-8702
Directions & Map
Salisbury, Maryland
(410) 546-6415
Suite 500-A, 100 East Main Street
Salisbury, Maryland 21801
Central Fax: (302) 678-8702
Directions & Map

In a hurry? Send us a quick Email.

Your Name (required)

Your Email (required)

Telephone (required)

Subject

Your Message

Email Disclaimer

Facebook Message Schwartz Lawyers

Please direct all mail to our
Dover, Delaware office.

Riding with a Leg Out of the Car Window

Summer is coming, and many people ride with a leg out of the car window. What happens if that foot or leg gets injured? Attorney Ben Schwartz weighs in on the topic!

Riding with a Leg Out of the Car Window

Hi, I’m Attorney Ben Schwartz.

Today, we’re going to answer a viewer question. Casey in Smyrna, Delaware asks: “If I’m riding with my foot out the window or on the dashboard and I get in a car accident – can I recover for injuries to my leg or foot?

That’s a really good question, Casey.  I recently had a Superior Court car accident case in New Castle County, Delaware.  My client was a front seat passenger in a vehicle. She was alleged to have been riding in the car with her foot up on the dashboard, and she sustained really bad personal injuries to her foot.  The insurance company tried to prevent her from being able to recover compensation for her injuries because they said that she was negligent because she had her foot on the dash. They said she should not be able to receive compensation for her injuries, even though their client rear-ended the car that she was riding in. She had her foot on the dash, and she contributed to her injuries.

We eventually settled the case and got her a significant settlement, but the story illustrates a good point. If you’re riding in a car as a passenger with your foot up on the dash or hanging out the window and you’re in an accident, you could sustain a personal injury to that leg or foot. You should expect the at-fault driver’s insurance company to try to deny your claim for compensation. They will say you were negligent by riding with your foot on the dash or out the window.

Can still make a claim?  Absolutely.  Can you still get a settlement or an award of compensation?  Absolutely.

Don’t be surprised if you ride with your foot on the dash or out the window and you’re in a car accident if the at-fault driver’s insurance company tries to deny your claim.

I’m Attorney Ben Schwartz.  I really appreciate you sending me that question, Casey.

If you have questions about the law, about personal injury law or litigation, send them to me below.

Thanks very much – keep watching!

Riding with a Leg Out of the Car Window

Office Locations - Personal Injury Lawyer

Click or Call 1-855-TIP-THE-SCALES

We have offices conveniently located to provide expert legal representation in Delaware, Maryland, New Jersey and Pennsylvania.

Dover, DelawareWilmington, DelawareHavertown, PennsylvaniaSalisbury, Maryland
Dover, Delaware
(302) 678-8700
1140 & 1126 South State Street
Dover, Delaware 19901
Central Fax: (302) 678-8702
Directions & Map
Wilmington, Delaware
(302) 654-4930
1525 Delaware Ave.
Wilmington, Delaware 19806
Central Fax: (302) 678-8702
Directions & Map
Philadelphia, Pennsylvania
(610) 853-4888
850 West Chester Pike Suite 205
Havertown, Pennsylvania 19083
Central Fax: (302) 678-8702
Directions & Map
Salisbury, Maryland
(410) 546-6415
Suite 500-A, 100 East Main Street
Salisbury, Maryland 21801
Central Fax: (302) 678-8702
Directions & Map

In a hurry? Send us a quick Email.

Your Name (required)

Your Email (required)

Telephone (required)

Subject

Your Message

Email Disclaimer

Facebook Message Schwartz Lawyers

Please direct all mail to our
Dover, Delaware office.

Car Accident Attorney answers the question, “Why don’t I get a new car after an accident?”

Have you ever wondered, “Why won’t I get a new car after an accident?” Car Accident Attorney, Ben Schwartz, discusses your insurance company’s responsibilities when your car gets totaled. He also offers great suggestions if you feel you should have received a better settlement offer. 

Car Accident Attorney answers why you won’t get a new car after an accident

TRANSCRIPT:

Hi, I’m Attorney Ben Schwartz.

Today, we’re going to answer a viewer question from Jeff in Wilmington, Delaware: “I was in a car accident and my insurance company is not buying me a new car. Why won’t I get a new car after an accident?

In the moments before a car accident, you’re not driving a new car. Even if you bought the car that morning and drove it off the lot, you’re still driving something that’s used. If you want to sell your car five minutes before the car accident to someone else, you’re not selling a new car. When you’re in a car accident and total your vehicle, you have totaled a used car.

When your insurance company or the at-fault driver’s insurance company comes along and evaluates the total loss settlement for your car, they are not looking at it as if you just totaled a new car. They need to determine the fair market value of your used car. That is the amount you’re entitled to under the law.

When you have a car accident and the insurance company offers you a fair market value total loss settlement for the loss of your vehicle, can you find some examples of the same vehicle that are for sale either through private parties or through used car dealerships? Can you find the same vehicle and get documentation of what it would cost to replace from a dealership that’s in similar condition? Look on the internet and find websites listing used cars for sale. I tell them to look for:

  • the same vehicle within a 50, 60 or 75-mile radius;
  • the same year, make and model;
  • a similar number of miles and a similar package.

Find similar examples of that vehicle. See what they’re selling for. Compare that to whatever the insurance company is offering. If the insurance company offers you significantly less than what it would cost you to go out and buy the same vehicle, then you’re not getting a good deal. You will need to negotiate with the insurance company.

I hope that addresses your question as to why you’re not getting a new car when you had a total loss motor vehicle accident. It’s unfortunate, but that’s the way it is where I practice law in Delaware and in Maryland.

Car Accident Attorney answers why you won’t get a new car after an accident

Office Locations - Personal Injury Lawyer

Click or Call 1-855-TIP-THE-SCALES

We have offices conveniently located to provide expert legal representation in Delaware, Maryland, New Jersey and Pennsylvania.

Dover, DelawareWilmington, DelawareHavertown, PennsylvaniaSalisbury, Maryland
Dover, Delaware
(302) 678-8700
1140 & 1126 South State Street
Dover, Delaware 19901
Central Fax: (302) 678-8702
Directions & Map
Wilmington, Delaware
(302) 654-4930
1525 Delaware Ave.
Wilmington, Delaware 19806
Central Fax: (302) 678-8702
Directions & Map
Philadelphia, Pennsylvania
(610) 853-4888
850 West Chester Pike Suite 205
Havertown, Pennsylvania 19083
Central Fax: (302) 678-8702
Directions & Map
Salisbury, Maryland
(410) 546-6415
Suite 500-A, 100 East Main Street
Salisbury, Maryland 21801
Central Fax: (302) 678-8702
Directions & Map

In a hurry? Send us a quick Email.

Your Name (required)

Your Email (required)

Telephone (required)

Subject

Your Message

Email Disclaimer

Facebook Message Schwartz Lawyers

Please direct all mail to our
Dover, Delaware office.

Can My Attorney Represent More Than One Person?

Attorney Rob Collins and Attorney Ben Schwartz answer a viewer question: “Can my attorney represent more than one person from the same car accident case?” 

Can My Attorney Represent More
Than One Person?

TRANSCRIPT:

BS: Hi, I’m Attorney Ben Schwartz. Today, Attorney Rob Collins will answer a viewer question from Facebook.

Bob from Milford, Delaware asks: “Can my attorney represent more than one person from the same car accident case?”

Whether our cases are in Delaware, Maryland, New Jersey and Pennsylvania we see this often in car accident cases. The passenger and the driver come to us for representation after sustaining injuries from a car accident. This can pose unique challenges.

RC: Generally, yes. We can represent more than one person in a car accident. Extra steps are usually involved. For example, let’s say a driver and a passenger are both injured in a car accident that was caused by someone else. The passenger is obviously not at-fault. That’s easy. However, the driver of the vehicle may have been responsible for causing the accident. Even if that driver was 1% at-fault for the accident, the passenger has the right to make a claim against the driver of the vehicle, as well as the driver who caused the accident. Because attorneys are required to follow specific rules of ethics, we cannot represent both the passenger and the driver if the passenger is going to make a claim against the driver. The passenger may even wonder if he or she can have a legal case against the driver.

First, we meet with the passenger and explain this to him or her. If the passenger believes that the driver was 100% not at-fault for the accident, then there’s not likely to be any conflict of interest. We can go ahead and represent both parties. If the passenger believes that the driver may have caused the accident in some small degree, then either the passenger must waive any potential claim against the driver or the driver needs to find another attorney to represent him or her. We can’t represent them both.

BS: That’s a conflict of interest.

RC: Attorneys need to follow a lot of rules to avoid conflicts of interest. I believe this one comes up frequently for most of us.

If the passenger is willing to waive any potential claim against the driver and is willing to put that in writing, then we can go ahead and represent both the passenger and the driver.  It’s just an extra step that we must to take to make sure we protect everybody’s interests when potentially representing two parties who are injured in the same accident.

BS: I’m Attorney Ben Schwartz with Attorney Rob Collins. Thanks for watching!

Can My Attorney Represent More Than One Person?

Office Locations - Personal Injury Lawyer

Click or Call 1-855-TIP-THE-SCALES

We have offices conveniently located to provide expert legal representation in Delaware, Maryland, New Jersey and Pennsylvania.

Dover, DelawareWilmington, DelawareHavertown, PennsylvaniaSalisbury, Maryland
Dover, Delaware
(302) 678-8700
1140 & 1126 South State Street
Dover, Delaware 19901
Central Fax: (302) 678-8702
Directions & Map
Wilmington, Delaware
(302) 654-4930
1525 Delaware Ave.
Wilmington, Delaware 19806
Central Fax: (302) 678-8702
Directions & Map
Philadelphia, Pennsylvania
(610) 853-4888
850 West Chester Pike Suite 205
Havertown, Pennsylvania 19083
Central Fax: (302) 678-8702
Directions & Map
Salisbury, Maryland
(410) 546-6415
Suite 500-A, 100 East Main Street
Salisbury, Maryland 21801
Central Fax: (302) 678-8702
Directions & Map

In a hurry? Send us a quick Email.

Your Name (required)

Your Email (required)

Telephone (required)

Subject

Your Message

Email Disclaimer

Facebook Message Schwartz Lawyers

Please direct all mail to our
Dover, Delaware office.