Can i sue my boyfriend for wrecking my vehicle and expenses that resulted because of it?

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Can i sue my boyfriend for wrecking my vehicle and expenses that resulted because of it?

He had permission to drive my car. He
was at fault for the accident. It was
totaled. He refused to pay anything
towards the car or the towing fee. And
also refuses to pay anything extra for
the 3-4 hundred dollar jump in my
insurance from it. I got a new car and
my insurance is now crazy high because
of this. And insurance company states
unless I can provide proof he doesn’t
live here he has to remain on policy.
Also have another car payment now for
new car. If I can sue him how long do I
have to do so?

Asked on January 26, 2018 under Accident Law, Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

1) If someone damages you car through driving carelessly or negligently (i.e. was at fault), they are liable, or financially responsible for the costs directly, necessarily, and foreseeable flowing out of the accident, such as the lesser of the repair costs or the then-current fair market (or "blue book") value (if the car is totalled); a towing fee; rental of a replacement car for a reasonable time while you get a replacement. If some of these costs are reimbursed to or paid for (such as by insurance) you, you can sue him for the part *not* paid--e.g. for a deductible.
2) You can NOT sue him for the increase in insurance, since that does not not necessarily or inevitably flow out of the accident--the rate is under the control of a third party, the insurer, and he bears on responsibility for the insurer's pricing decisions. You may wish to get competitive insurance quotes.
3) You can sue him for up to two years after the accident in your state, under IN's "statute of limitations" (time to sue) for damage to "personal property" (anything not real estate, such as a car, is personal property).


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