How do I get a friend who totaled my car to reimburseme for the difference of what my insurer paid and the cost ofa new car?

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How do I get a friend who totaled my car to reimburseme for the difference of what my insurer paid and the cost ofa new car?

Allowed a friend to borrow car, who fell asleep at the wheel and totaled it. After my insurance company has covered everything and compensated me, I only get $4000. Not even enough to replace my car. Since I have had to buy a new car, that driver has cost me a lot of money, even after insurance, and I am looking to get some sort of compensation from her since she is the cause of the accident. How do I do it?

Asked on August 2, 2011 North Carolina

Answers:

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

Answered 10 years ago | Contributor

You could sue your friend for negligence for causing the accident and seek to recover damages amounting to the difference between what you received from the insurance company and the cost of your new car.  You will need to mitigate (minimize) damages by not purchasing the most expensive car you can find, but something comparable in price to your wrecked car.  If you were to buy the most expensive car you could find, your damages would be reduced accordingly.


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