Can I sue the construction company for at least a down payment on another vehicle?

UPDATED: Oct 1, 2022

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Can I sue the construction company for at least a down payment on another vehicle?

My daughter was driving our vehicle and was backed into by a construction vehicle. The construction company has taken full responsibility for the accident. However, now the insurance company wants to total our vehicle and pay off our current loan on the damage vehicle because they said the damage exceeds what the car is worth.

Asked on June 12, 2018 under Accident Law, Pennsylvania


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, you cannot. When a vehicle is destroyed ("totalled": cannot be repaired economically), all you are entitled to is its then-current fair market or "blue book" value--i.e. you get the equivalent in money to the destroyed vehicle. If you are getting that from you insurer, you are not entitled to any more from anyone else, since you  have been compensated. It doesn't matter what it would cost to get a new vehicle; that is irrelevant to the issue of the value of the destroyed car.

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 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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