If I was rear-ended and the person who hit me was issued a citation but my car is totaled and I owe more than it is worth, can I sue for additional damages?

Asked on June 21, 2014 under Accident Law, Colorado


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Under the laws of all states in this country the damages that you can obtain concerning your vehicle is the lesser of the cost of repair or its fair market vakue at the time of the accident. You can sue for the balance owed in it but you will not prevail.

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