What are my rights if I was hit by a vehicle that ran through a stop sign?

UPDATED: Dec 20, 2013

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What are my rights if I was hit by a vehicle that ran through a stop sign?

My vehicle was a total loss. I only had the vehicle a few months. Between what I paid for the vehicle and what my insurance will pay me is a $4,600 difference. Do I have any options to get that difference from other driver or their insurance company?

Asked on December 20, 2013 under Accident Law, Minnesota


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If the insurer is paying you less than the current fair-market value (e.g. blue book value), then you could sue the other driver for the difference between what you are paid and the fair market value. However, if you have received the fair market value, that's all you can get; in an accident, you are entitled to the current value of the damaged car (or other property), not to what you paid for it, or what it would cost to replace it.

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