Can I sue the at-fault driver of an accident to make up for the difference if their insurance company did not pay me enough to replace my car with a car of equal value?

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Can I sue the at-fault driver of an accident to make up for the difference if their insurance company did not pay me enough to replace my car with a car of equal value?

Asked on June 16, 2015 under Accident Law, Florida

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If you accepted the settlement offer for your property damage from the at-fault party's insurance carrier, you signed a release of your claim and cannot sue the at-fault driver for your property damage.

If you rejected the settlement offer for your property damage from the at-fault party's insurance carrier, you can sue the at-fault party for negligence and try to recover additional compensation for your property damage.  


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