What should I ask for regarding a car accident?

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 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).


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