Can I sue the other driver if they were at fault? - Accident Law Questions and Answers- LawQA.com

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Can I sue the other driver if they were at fault?

I was in a car accident and my insurance company has determined that my vehicle is a total loss, but the amount of money given to me for the car is not enough to purchase the same vehicle again. The other driver was found to be at fault. Can I sue her (her insurance company) and, if so, what am I entitled to?

Dearbonn Law Offices
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Yes, you may. Entitlement damages for the loss of the vehicle.

Answer Applies to: Washington
Replied: 10/27/2011

Answer By Lacy Fields
Lacy Fields, Attorney at Law, LLC
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Yes, the other driver's insurance company should be paying you, but they are only required to pay you for the value of your vehicle. So get a copy of their estimate. They may have taken off money for high mileage, pre-existing damage, etc. Also they only have to give you a check for the value of the car, so if you are upside down on it (you owe more than it's worth due to your car loan), then you will be responsible for the balance.

Answer Applies to: Missouri
Replied: 10/26/2011

Answer By Patrick M Lamar
Patrick M Lamar Attorney
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You can sue the other party. You will be entitled to medical costs, pain, suffering and property damage. However, the diminution in value claim for the car may be difficult.

Answer Applies to: Alabama
Replied: 10/26/2011

Paul Whitfield and Associates P.A.
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Sure. Any time there is a total loss of a vehicle you are entitled to the fair market value of the car at the time of loss. Makes no difference what you owe on the car or what a "new" car costs. Several computer sources can give you ranges of value based on age and condition. Car Max can do the same. Reading the ads in the newspaper may give you what you need.

Answer Applies to: North Carolina
Replied: 10/26/2011

Answer By Kenneth Wincorn
Law Offices of Kenneth Wincorn P.C.
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Yes if you have not released her when you settled your claim.

Answer Applies to: Texas
Replied: 10/26/2011

Aaronson Law Firm
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Yes, if the other party was at fault you should be able to recover the damages to your car, plus any other legally recognized damages, such as medical bills, pain and suffering, etc.

Answer Applies to: Texas
Replied: 10/26/2011

The Lucky Law Firm, PLC
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Unfortunately, in Louisiana when a vehicle is deemed a total loss, the at-fault driver and his insurance company are liable to you for the actual cash value of your vehicle. If your insurance company paid you for the value of your vehicle, then the at-fault party and his insurance company are responsible for reimbursing your insurance company for what it paid, plus reimbursing you for your deductible. You cannot sue the at-fault party or his insurance if you have already been made whole by your insurance company.

Answer Applies to: Louisiana
Replied: 10/25/2011

Answer By Jared Altman
Law Office of Jared Altman
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No. If you had collision and were paid, then you cannot sue.

Answer Applies to: New York
Replied: 10/25/2011

Ewusiak & Roberts, P.A.
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Yes, any damages you sustained can be made part of a lawsuit against the at-fault driver. You can seek recovery for the replacement cost of your vehicle, rental car charges for time that you did not have access to the vehicle and any other damages that reasonably flowed out of the accident.

Answer Applies to: Florida
Replied: 10/25/2011

Answer By Paul Lancia
Attorney Paul Lancia
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Yes.

Answer Applies to: Massachusetts
Replied: 10/25/2011

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