What to do if I was recently in an auto accident because a car in the opposite lane lost its tire and the driver’s insurer will only give me blue book value?

The tire rolled into my lane and I hit it. My 3 passengers and I ended up taking an ambulance to the emergency room; we had minor scrapes and bruises. When the other driver was discussing the accident with the police, he mentioned that 4 days ago his tires had been changed by a local garage. I have contacted the at-fault driver’s insurance company but it stated that my vehicle was not worth fixing, so they were only going to give me the blue book value on it. Can I sue the garage that changed the tires? Can I sue the owner of the vehicle?

Asked on July 29, 2014 under Accident Law, Massachusetts


Gregory Abbott / Consumer Law Northwest

Answered 6 years ago | Contributor

What do you think you would sue them for?  Blue book value is likely to be all you are entitled to get for the car.  If you or others had med bills or lost wages due to injuries, etc., you should be able to recover those as well from the same insurer as is paying for the car but nothing you have posted suggests you have anything more coming for the damages to your vehicle, though you don't specify whether the blue book value being offered is retail or wholesale...

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