I was rear ended last week, my car is totaled (34K to repair @ BMW dealer, car is only worth 40K). 4 rotated vertebrate in my neck. All documented by a doctor hours after the crash.

The guy who hit me was cited for careless driving on the police report.

Now his insurance says my damages are above his policy limits so I'll have to go through my insurance for the repairs.

This seems very messed up to me, why should I have to pay for my damages? He was at fault and his insurance should be responsible!

I feel like I could sue this guy, all I really want is to have him pay me what my car was worth but I'm hesitant to get a lawyer involved.

Anybody have experience with a situation like this? Advice? etc?

Brian, I'm so sorry to hear about this. I know you have to deal with the insurance,medical injured,and all expenses.

Is there anyone hear that maybe able to give him some advise and help. Brian such a nice guy, we went to the track together with unlimitedlaps back in new year.

You should ask your insurance company. They will probably do anything they can from having to pay the money themselves. If his insurance does not cover all the damages and he is at fault, then I believe there is a case there; however, I think the insurance still should give you whatever the amount is and then settle the balance either between the drivers or in court. Good luck and I hope your back gets better. They should also take care of your doctors bills. Get a copy of the police report.

if that's the answer they gave you, call your insurance company. they'll deal with the other insurance company.

ouch on the car!! damn, almost seems like the old american pos is still kinda in tact.

hope you're feeling better too. i've been rear ended like that too while sitting at a red light. the guy said he wasn't paying attention and didn't realize traffic was stopped at the intersection til the last second. i was lucky that i only got whip lash, but it was a pain in the ass to go to the chiropractor all the time and to deal with the dumbfucks at the other insurance company.