What can I do if I was rear-ended by a vehicle whose driver claimed to have insurance but in reality didn’t since it had lapsed?

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What can I do if I was rear-ended by a vehicle whose driver claimed to have insurance but in reality didn’t since it had lapsed?

After filing my claim and their insurer coming out and taking pictures, they contacted me a week later saying that the insurance had lapsed. I need to take them to small claims court but I cannot afford to fix the damage on my car. Can I junk the car and sue them for blue book or should I get an estimate on repairs, junk the car and sue them for the estimate? The car is not in a legally driveable condition.

Asked on July 13, 2014 under Accident Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If the car can be fixed for less than the current blue book value, you may *not* junk or total the car and sue for the full blue book value; rather, if the car can be economically repaired (for less  than its current value), you have to repair it--or rather, if can be economically repaired, all you can recover is the repair cost, regardless of what in fact end up doing with the car.


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