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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Feb 14, 2012

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Insurance Question from Skokie, IL

Asked on 02/14/2012

Drunk driver My parked car was hit by a drunk driver. The other driver's insurance company is low balling the total loss and I am out almost $6000. Can I sue the driver for the money that I am lossing out on, my time dealing with all the hassle and looking for the new car and almost $1000 of upgrades I had in my car?

Answer given on February 14, 2012

If your car was totaled by an insured driver, you need to keep working with the insurance company to try to get a fair settlement. If you had upgrades to your car, you need to have proof of the upgrades if you expect the insurance company to pay for them. The fact that you say they were there is not enough to get the insurance company to pay for them.The insurance compnay is going to pay the actual cash value, or Blue Book value of your car. If you can show proof of a higher value for your car, which might be newspaper ads or online ads in your area, you should be able to work out a better settlement for your car. However, if you cannot show proof of the value of your car, you will not be able to get a higher settlement. Just because you veel the car is worth more, does ot make a case with the insurance company.Of course, you can always sue anyone for anything but since they had insurance, it is not likely you can succeed in suing the owner of the car.


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