If I was hit in an auto accident, do I have the right to sue the other party’s insurance for repair of my vehicle?

Get Legal Help Today

 Secured with SHA-256 Encryption

If I was hit in an auto accident, do I have the right to sue the other party’s insurance for repair of my vehicle?

The auto insurer states that my car is a total loss, due to the estimated repairs cost being more than current car value. However, I want to keep the vehicle but the settlement amount estimated by the insurance company is not sufficient to fix on my own.

Asked on August 31, 2014 under Accident Law, California

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

You can reject the settlement offer from the at-fault party's insurance carrier, and sue the at-fault party for negligence.

Your damages (the amount of compensation you are seeking in your lawsuit) would be the cost of repairs to your car.  You will need to mitigate (minimize) damages by using an auto body repair shop whose charges are comparable to other auto body repair shops in the area.  If you were to select the most expensive auto body repair shop you could find, you have failed to mitigate damages and your damages will be reduced accordingly.

Your damages in your lawsuit for negligence should also include the cost of a rental car while your car is being repaired if you need a rental car.  You will need to mitigate (minimize) damages by selecting a rental car with a reasonable rate.  If you were to select the most expensive rental car you could find, you have failed to mitigate damages and your damages will be reduced accordingly.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption