If someone hits my parked car and it no longer works, can I sell it to a junk yard and still sue?

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If someone hits my parked car and it no longer works, can I sell it to a junk yard and still sue?

Asked on August 3, 2013 under Accident Law, Georgia

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You can sell your car and sue the person who hit your car for negligence.  Your damages (the amount of compensation you are  seeking in your lawsuit) would be the value of the car.

If the person who hit your car had insurance, you could file a property damage claim with their insurance company for the cost of repairs.  If the person who hit your car did not have insurance and you had uninsured motorist coverage on your auto insurance policy, you can file an uninsured motorist claim through your company for the property damage (cost of repairs to your car).

If the property damage is not settled, (you can reject the settlement offers from the insurance carrier) and sue the at-fault party for negligence.


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