What can I do if someone totaled my car and their insurer has offered me a settlement but the amount will not be enough to replace my vehicle?

An 88 year old woman hit my parked car and has admitted fault. I have sent 10 listings of cars the same year/make/model, and they average $3,000 more than the offer. Not to mention the inconvenience, loss of work, loss of use, etc. I am not trying to make out in this, I would simply like to be in the same position I was when I parked my car. I will not accept the settlement, because I cannot replace the car with what is offered. Would I sue her, or her insurance carrier? This is a matter of principle for me, and I am able to wait this out.

Asked on October 7, 2014 under Accident Law, Virginia


Anne Brady / Law Office of Anne Brady

Answered 6 years ago | Contributor

You sue the woman who hit you NOT her insurance company.  She will tender her defense to the insurance company, which will defend the lawsuit.  Include any amount for lost wages, but not for inconvenience.  Sometimes you do need to sue to get to someone with enough authority to settle the case for a reasonable amount.

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