If a neighbor recently crashed into and totaled my car, can I sue them for the downpayment?

UPDATED: Sep 29, 2022

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If a neighbor recently crashed into and totaled my car, can I sue them for the downpayment?

My car was unoccupied and parked in my driveway. I purchased the car only 3 months prior to the accident. I paid $3,500 cash down payment.

Asked on August 19, 2015 under Accident Law, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

If they were at fault in the accident e.g. driving negligently or carelessly in the accident, which they most likely were in this situation, you can sue them to recover any out-of-pocket losses you incur i.e. anything not covered by insurance subject to the following limitation the most you can recover between insurance and/or what you get in a lawsuit is the then-current fair market value e.g. blue book value of the car you are not legally entitled to more than the property the car was worth at the time it was destroyed, even if that is less than you recently paid for the vehicle.

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