Parked Car Totaled

Question Details: My car was parked and ran into and totaled. I received the car's worth but it paid off the loan on the car. I was left with 1000.00 in pocket. Not enough to get another car. This happened three months ago. I am still without a car and I do not feel that I am whole if the accident never happened I would still have a car and be making payments instead I am out a car. Is there anything that I can do?

Asked 11/5/2009 under Auto Accidents | 281 View(s) | More Legal Topics

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Auto Accidents Law Answers

I am a lawyer in CT and practice in this area of the law.  there is no a lot you can do here as the insurance company did as it was legally obligated to do by paying you the fair value.  I suggest that you file a small claims suit to try to get back some money for the inconvenience of not have the car.  you may not have a strong claim, but you may be able to appeal to a judge.  nevertheless, you may have waived your right against the driver as a result of accepting the check for the car.  if you signed/agreed to accept the cash as a final settlement of the claim you may be barred from pursuing this.  I suggest you meet with a lawyer to determine whether you can file a claim against the driver to get some money from him for inconvenience purposes even though it is likely a losing case.

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