Can I sue that person who hit my parked car and totaled it?

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Can I sue that person who hit my parked car and totaled it?

My parked car was hit by this driver in a residents street and now its total. I have a SUV( Lexus Rx) and he was in a Toyota sedan, not only did he total my car, he hit it so hard that mine smashed into my sister car that was parked in front of mine, hers flew about 15 feet and almost smashed into my neighbor. My insurance will give me back the cash value of my vehicle but that’s not enough, I will not down grade from a SUV to a small sedan! I agreed to a SUV because its safe for my 1 year old daughter. I do not have a lienholder so I am the rightful owner. What can I do?

Asked on February 29, 2012 under Accident Law, California

Answers:

Hong Shen / Roberts Law Group

Answered 9 years ago | Contributor

Insurance company will value the SUV based on some average selling prices of similar cars in your locale. It is unlikely that you would get more than that. It is probably not quite enough to replace it. If so, you may have to take this driver to court yourself.


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