If my car is totaled and just enough is given to pay the lien company, is it feasible to sue the at-fault driver for the amount I will have to pay as a down payment on another car?

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If my car is totaled and just enough is given to pay the lien company, is it feasible to sue the at-fault driver for the amount I will have to pay as a down payment on another car?

Yesterday I was inside my home when I heard a screech and a bang. I looked out my window and my car is 35 feet down the road and pinned up against another building. My car was parked legally on the shoulder in front of our home. No one was injured but the driver of the vehicle who hit our car was given a citation. In reality we have done nothing wrong and shouldn’t we be made whole again?

Asked on September 18, 2013 under Accident Law, Maryland

Answers:

Gregory Abbott / Consumer Law Northwest

Answered 8 years ago | Contributor

If you were paid the full fair market value of your vehicle, you have been made whole - you recovered the value of what was taken from you.  Essentially you (involuntarily) sold your car to the other driver's insurance company.  If you had intentionally sold the car, the buyer would not owe you the amount of a down payment on another car in addition to the paying you the full fair value of your original car.  This is no different. 

Gregory Abbott / Consumer Law Northwest

Answered 8 years ago | Contributor

If you were paid the full fair market value of your vehicle, you have been made whole - you recovered the value of what was taken from you.  Essentially you (involuntarily) sold your car to the other driver's insurance company.  If you had intentionally sold the car, the buyer would not owe you the amount of a down payment on another car in addition to the paying you the full fair value of your original car.  This is no different. 


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