Can I sue the driver for damnages to my car if the insurance company will not cover?

UPDATED: May 27, 2009

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Can I sue the driver for damnages to my car if the insurance company will not cover?

I was selling my car and the person test drove it crashed my car, another car and drove it into a house. I just registered the car to sell it and it did not have insurance. So I tried to claim under his insurance and they let me know he only has liability that they will not cover my car, but they will cover the car he hit and the house. Can I sue him for damages to my car? The officer cited him with a ticket stating he was at fault for the accident.

Asked on May 27, 2009 under Accident Law, Virginia


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

Answered 13 years ago | Contributor

The short answer is YES! You can absolutely sue him for the damage he caused to your car.  The dollar limit in Virginia is $5000 for small claims court, so if your damage is under that amount, you can do it yourself without the expense of an attorney.  Even if it's a bit over that amount, you can just sue for the $5K.  If it is well under that amount, you can also add on for any related expenses you have had or will have, such as renting a car while yours is in the shop being repaired.  If your car was totaled, meaning it would cost more to repair it than to replace it, you would sue for the market value of your car--what it was worth.  Since you were trying to sell it, probably a good amount to use would be the amount for which you were trying to sell it.

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 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.

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