If I am left with no car and no money for a down payment on another vehicle, can I take the at fault driver to court?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I am left with no car and no money for a down payment on another vehicle, can I take the at fault driver to court?
I was in a car accident about 2 weeks ago. I was not at fault for the accident and the insurance company has written off my car. I am still waiting to receive the payment from my insurer and that payment will be going to the financier to pay off what I owe for my car.
Asked on September 23, 2019 under Accident Law, Alaska
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Yes, you can sue the at-fault driver, BUT you can't get double recovery, or be paid twice for the same thing. The money going to the finacier counts as money paid to you, since you owe the financier and this is paying off a debt you could otherwise be sued over.
When your car is totalled, you can recover the sum of 1) the then-current fair-market or blue book value of the car; 2) any out of pocket cost, like towing the wreck, you incurred; 3) car rental for a reasonable period of time, which is generally around how long it would take someone to get a new car if the had the money for it (since it is not the other driver's fault that you apparently don't have savings, the other driver doesn't have to pay for any delays in getting a new car caused by that)--typically, you can get around 2 or 3 weeks of a rental.
Total the above. Subtract from that the amount the insuer is sending to the financier to pay off your debt. You could sue (such as in small claims court) for the balance. You can get instructions and forms from the small claims court (either onine or in person).
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.