Cant I sue the at fault driver for the full amount of damages?

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Cant I sue the at fault driver for the full amount of damages?

I am told that I can sue the at fault driver for the full cost of the damages since the amount his insurance company is willing to give me will not fix my vehicle. I am then told by my claims operator that I can only get $1,000 whether I take the settlement or sue him. Which is true? Also, my insurance

company wouldn’t drop my insurance to storage, so I have still been paying my insurance for an undrivable car. I can’t afford to keep doing this; I need to know if I can cancel my insurance with them since I was insured during the accident. Will that effect the lawsuit I plan to open?

Asked on March 16, 2018 under Accident Law, Michigan

Answers:

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

Answered 4 years ago | Contributor

Since you are dissatisfied with the settlement offer from the at-fault party's insurance carrier, your recourse is to reject the settlement offer and file a lawsuit for negligence against the at-fault party.  Your damages (monetary compensation you are seeking in your lawsuit) would be the property damage (full cost of repairs) to your car.
You can cancel your insurance. It won't affect your lawsuit against the at-fault party.
 


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