Can I sue someone to get money to get a new car after mine was totaled and paid off?

I was in a 3 car accident. I hit a car that hydroplaned into my lane but I stopped in time so there was no damage. But then another car slammed into the back of me. My car was totaled. The police listed the first car as at fault. Insurance will pay off my car but then I will have no money to invest in getting a new car. If I had not been rear ended my car would have been fine. So can I sue the people who hit me to get money for a down payment, etc? I feel like if I could stop in time to do no damage since they were behind me they should have been able to.

Asked on June 6, 2009 under Accident Law, Virginia


M.S., Member, Connecticut Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You should consult with and/or retain a skilled personal injury attorney with respect to filing suit against both of the other parties involved in the accident.  Your damages with respect to your property damage claim may be limited; however, there is a good chance that you may be able to recover some additional money from one or both of the other cars involved in the accident as a result of any injuries that you sustained, even if it was just as minor as back and/or neck pain.  If either of the other drivers had insurance, it is likely that you will be able to recover something if liability is as clear as you have said that it is.  If you have been treated for any injuries sustained in this accident, you should obtain your medical records and then bring them, as well as a copy of the police report, to a personal injury attorney that can handle your potential claims.

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