What damages/compensation am I entitled to if I was in an accident in which another driver hit my car, ran me into a guardrail and totaled my truck?

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What damages/compensation am I entitled to if I was in an accident in which another driver hit my car, ran me into a guardrail and totaled my truck?

It was through malicious intent and he was charged with vehicular assault and/or assault and was taken by the police from the scene (although not taken to court yet). My truck was completely paid off and I had no intention on getting a new vehicle for a very long time to save money. Is it possible to take this to court and sue for more than just the value of my truck? This would include things such as opportunity costs in which has effectively forced me into debt to buy a new vehicle.

Asked on July 9, 2015 under Accident Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, unfortunately in terms of property damage, all you are allowed to get is the then-current value (fair market value, or blue book value) of your truck; the law makes the wrongdoer compensate you for the value of what he damaged or destroyed, but does not make him buy you a newer, better one. If you have insurance which has already paid you for your truck, all you could get in this regard is any out-of-pocket (not reimbursed by insurance) amounts, like a deductible.

If you missed work due to not having a truck, you may be able to recover lost wages--e.g. for the day of the accident and possibly a few days more, until you got a truck, if you needed your truck for work.

You could also seek any other unreimbursed costs, like any towing fees; taxis or public transit, if you had to take such for a while, etc.


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