Accident NOT MY FAULT, car totaled, insurance paying less than I owe on car. Can I sue the other driver for money lost?
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Accident NOT MY FAULT, car totaled, insurance paying less than I owe on car. Can I sue the other driver for money lost?
I have to pay $700 out of pocket just to “break even” on my totaled car. The accident was 100% the other driver’s fault (she was driving the wrong way down a one way and tried to turn into a gas station in front of three lanes of oncoming traffic). I slammed on my brakes but couldn’t avoid her. Can I take her to small claims court and make her pay for the $700 I’m losing, since it was her fault? Do I have a case?
Asked on April 4, 2009 under Accident Law, New York
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 15 years ago | Contributor
The value of your car at the time of the accident is the maximum you can recover, assuming there was no personal injury you sustained. That you were underwater by $700 is irrelevant. The car was worth no more than its fair market value, and in these days of depressed car prices that's a common occurrence.
If you have collision, your insurance company will pay you for the car and take its title to the car, sell it for salvage (parts) and also gets your rights to sue the other driver or its insurance company for the property damage; you thus could not sue the other driver for the $700. If the other driver's company is paying the value of the car it usually will demand a release that prohibits you from suing their driver for the property damage after you take the payment for the car.
If there was real personal injury, see a personal injury lawyer.
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