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?

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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 9 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.


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