Question

Does the at-fault drivers' property damage liability coverage pay for lost or damaged property that was in my vehicle?

I was hit by a drunk driver in Florida. The car is owned by the drunk driver's mother, who has an insurance policy with $25,000 in personal damage liability coverage. Besides my total loss car, I had other property damaged in the accident. Will her insurance cover car rental and other lost property?

May 20, 2019 St. Petersburg, FL

Answer
Ross Martin

May 20, 2019

The at-fault driver's insurance company is responsible. Their property damage liability coverage will pay for any property lost in the accident. They will also provide a rental car while the claim is being processed.

That said, every policy has a limit to how much will be paid out per accident. For example, Florida only requires $10,000 in property damage liability per accident. If the at-fault party only has the state minimum, then you will only be paid out a maximum of $10,000, even if the damage is over that amount. If your losses are over their limit, you will need to take legal action to collect the remaining damages. Alternatively, if you carry uninsured/underinsured coverage, this can cover the difference between the at-fault driver's limits and the amount of damage you sustained.

Good luck and if you have any questions, don't hesitate to ask.

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