What to do if my neighbor hit my parked car but her claims adjuster came and wrote my car off as a total loss?

It 13 years old, so she said that the cost to fix outweighed the value. Can I collect the money they are willing to give me for repairs and sue my neighbor for the remainding balance of my repairs? The insurance company offered me an amount to total it and it was not face value it was the value of the care in its present condition busted bumper, so needless to say the offer was very little. I want to keep my car but dont feel like its my fault and I shouldn’t have to put money out of pocket for repairs.

Asked on September 24, 2012 under Accident Law, Virginia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Most likely you will not be able to take what the insurer is offering and then sue for  more money; that is because you will almost certainly have to sign some sort of a settlement and release agreement or waiver in which you give up your right to sue in exchange for receiving the payment. Insurers require you to do this specifically so people won't do what you are suggesting. Therefore, you will probably have to choose between excepting what is offered and suing for what you think you deserve.

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