The laws in Delaware are pretty much irrelevant (unless that's where
the truck's company is headquartered) other than determining who is at
fault in the accident. Your insurance company, issuing you a policy
in New Jersey, must follow New Jersey law as it pertains to your
policy. The trucking company's insurance company must similarly
follow the law in the state where that policy was issued.
You should only need to actually get into the nether regions of
subrogation if there's some dispute about fault. If there is no such
dispute, receiving payment from the other company should not be a
problem.
Yes, you are correct. Although the truck driver claimed that he did not
see me, and I came out of nowhere, the police report and the traffic
camera video proved otherwise. Well, they can't PROVE if he saw me or
not, but he should have seen me, and I did not come "out of nowhere".
The truck is insured in Virginia.
Irregardless of that, and the laws of VA, which I don't know, I have 40
days of rental car coverage for $30/day. After that, if my vehicle is
not ready, I was informed that I can continue the rental and it switches
to a different part of the policy.
I was also told that all of this will be paid for ultimately by his
insurance company and subrogation will not be necessary. HOWEVER, if my
insurance company does not receive the estimated payment from his
insurance carrier by the time my vehicle is ready, I will have to lay
out the $500 deductible and wait for reimbursement. It will be a matter
of days and not months this time though.
Thanks,
Eric