Can I sue the at-fault driver to recover the difference that the insurance company didn’t cover to fully repair my vehicle?

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Can I sue the at-fault driver to recover the difference that the insurance company didn’t cover to fully repair my vehicle?

My car was deemed “Loss of Vehicle” and the insurance company paid out the “fair market vehicle value”, however my damages are more than what they paid me for my car.

Asked on September 24, 2013 under Accident Law, Colorado

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

If you agreed to the payout and cashed the check, then that is considered a full and final settlement or accord and satisfaction and your rights to sue the driver are now extinguished. If you have not yet settled, contact an attorney to sue the insurance company and driver.


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