What am I entitled to after a garbage truck caused unrepairable damage to my vehicle?

UPDATED: Oct 1, 2022

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What am I entitled to after a garbage truck caused unrepairable damage to my vehicle?

While traveling on an interstate, a drive shaft from a garbage truck struck my vehicle causing major damage which totaled my car. There were also 5 other

vehicles involved in the incident. I did not suffer any bodily injury. The insurance company for the garbage truck company is willing to pay the value

of my car plus my deductible, rental car expense and roadside assistance cost. My 7 year old car was paid for. Now I have to get another vehicle. I chose another 7 year old vehicle but the cost is more than what the insurance company is paying me current value of my totaled car. Am I entitled to receive any more money from the insurance company for my loss such as new tag, insurance increase for the new car or any thing else?

Asked on July 15, 2018 under Accident Law, Georgia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, you are not entitled to that additional compensation. When property (including a vehicle) is destroyed, the most you are legally entitled to is the sum of the costs directly and foreseeably (predictable in advance) incurred due to the accident (e.g. towing; rental car for a reasonable time while getting a new vehicle) and the then-current fair market or "blue book" value of the destroyed (totalled) car. However, the additional costs to get the new car are not sufficiently causally linked or foreseeable due to the accident, since you could have elected to lease a car instead, buy a smaller or older or cheaper car, do without a car, might have received a car as a gift from family, etc.--that is, what you do about replacing the vehicle does not flow in a predictable or foreseeable way from the accident, and so the costs associated with replacement at not seen as costs coming directly enough from the accident as to require reimbursement.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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