If my car was parked in front of my home and was totaled by a “hit and run” driver, what can I do to offset my losses due to this accident?

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If my car was parked in front of my home and was totaled by a “hit and run” driver, what can I do to offset my losses due to this accident?

The driver was caught and his insurance company stalled on getting me a rental to drive. I was told by them to rent a car and then they would reimburse me later. I can’t afford to rent a car at this time. Now that my car was considered totaled once the loan company is paid off, I will not have enough to purchase another car. With not having a car to drive to work, I’m catching rides with family and friends.

Asked on January 28, 2016 under Accident Law, South Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Unfortunately, the at-fault driver (and so his insurance, if he has insurance) is only obligated to pay:
1) the then-current fair market value, or "blue book," value of your car; and
2) car rental for a reasonable period of time that the typical person would need before finding out that their car is totalled and getting a new car--e.g. 1 or 2 weeks, usually--and they don't have to pay it upfront; they'd reimburse you once the cost is in.
They don't need to take account of your financial situation or the fact that you can't afford another car.


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