If I was hit by another driver and my vehicle is totaled, can I sue the at-fault driver for the difference of the amount paid out in the claim and the amount owed on my car loan?

Get Legal Help Today

secured lock Secured with SHA-256 Encryption

If I was hit by another driver and my vehicle is totaled, can I sue the at-fault driver for the difference of the amount paid out in the claim and the amount owed on my car loan?

Asked on March 14, 2019 under Accident Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, you cannot. The law does not care about what you paid or what you owe, because that is so variable: some people negotiate good deals, others don't; some people buy for cash, others finance (which increases costs); some get cars given to them (e.g. by family) or have trade-ins to reduce the price; etc. Rather, all the law gives you when your car is totalled is the then-current-value or "blue book" value of it, which is a consistent and fairly objectively derminable number. If you were paid the value of your car, that is all you are entitled to.


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 lock Secured with SHA-256 Encryption