If I was hit and my car was totaled and I was injured, what can I do?

UPDATED: Sep 30, 2022

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If I was hit and my car was totaled and I was injured, what can I do?

My 7 year old son and I were transported to the hospital. We were discharged with minor damages. I have gone back to the ER once since then. I am having a difficult time starting over because of my credit history. Can I sue for lost money in the truck that I can no longer own?

Asked on January 23, 2016 under Personal Injury, Virginia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

If the other driver was at fault, you can sue for your total property damage (cost to repair the truck, or then current blue book value if it was totalled), for any out-of-pocket medical costs, and if you suffered disability for several weeks or months, some amount for "pain and suffering." However, anything you get from insurance is offset againt that, and note that in terms of the truck, the benchmark is its value--not what you put into or paid for it.
So say the truck was worth $10k at the time, and you had $1k of medical bills but no disability. Say that insurance paid you $7k--you could sue for and try to recover the extra $4k of truck value and $1k of medical costs.

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.

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