What should I ask for regarding a car accident?

UPDATED: Oct 1, 2022

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What should I ask for regarding a car accident?

My car was in a hit and run accident and was totaled. My insurance paid $2,634.17 still left me with a balance. I had a $1000 deductible. My car was worth $3900. I found out that hit and run person did have insurance, so what should ask for from his insurance? The person was driving his vehicle with no license.

Asked on November 9, 2018 under Accident Law, Indiana


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You are entitled to the sum of the then-current fair market value of your car (e.g. $3,900) plus any direct and reasonably foreseeable out-of-pocket costs (e.g. having the wreck towed; having to rent a car or take public transporation or Uber for a few days, while buying or leasing a new car), less the amount you actually received from insurance. If we use only the fair market value of your car, since that's the only cost you cite, then $3,900- $2,634.17 from  insurance means you could ask for $1,265.83. If the other driver and/or his insurer will not voluntarily pay that amount, you could sue the other driver for that amount (e.g. in small claims court, as your own attorney or "pro se" to minimize costs).

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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