Can I sue the person responsible for totaling my car?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can I sue the person responsible for totaling my car?

We were rear-ended before Christmas by a girl with a provisional license. The insurance company is claiming our car is a total loss and the market value is less than what we owe. We do have gap insurance to cover the difference but we do not have money to buy a new car. This is my family’s only working vehicle and we live paycheck to paycheck. It is an enormous financial burden to have to buy a new vehicle. Can we sue her for a down payment on a new car or something similiar?

Asked on January 22, 2016 under Accident Law, Oregon

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You are only entitled, in a lawsuit, to the then-current fair market value (blue book value) of the car, not the cost to buy a new vehicle; and if you are paid that amount by insurance, you can't also get it from the out-fault driver. So if the insurer is paying  you the totaled value of your car, you are already gettng as much as you can get; once you are paid the value of the destroyed property, you can't sue to basically make somebody else, even an at-fault person, buy you a new 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 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption