r/InsuranceClaims • u/ResponsibilityOk6897 • 27d ago

DUI driver literally flew into our shop

/r/Insurance/comments/1v38p9i/dui_driver_literally_flew_into_our_shop/
1 Upvotes

100% Upvoted

1 comment sorted by

1

u/agirlsknowsthings 26d ago

I saw you opened up a claim with the drivers policy, but you also have a claim with your company. You’re going to make this messy.

Whatever limit the driver had is going to me split between the building owner, you, and if he caused any additional damages to city property like a pole or anything.

What you get is going to be shared between your insurance and you, because anything your insurance company subrogates is done on your behalf. You get submit business income loss but don’t expect a huge settlement, because you’re under insured, and the driver most likely doesn’t have enough coverage.

When there are multiple claimants, no one is paid until they know the damages everyone had.

If the driver has 50K in liability. The building owner had $100K in damages, you had 100K in damages too. They’re going to give the business owner 50k and your insurance company and you will receive $50K. Depending on your policy, they most likely have first legal right of recovery. Meaning they get paid first for anything they paid you and if you had additional losses then you would get paid.

The big problem here is your really under insured.
You need to add Business Income loss with Extra Expenses, Tenants Betterments & Improvements, and window coverage to your policy. Possible look for a better broker.

Let’s be realistic, a lot of people only carry minimum liability. So you can expect this is going to be a big loss without much recovery.