If my brother-in-law totaled my car and now refuses to take responsibility, can I sue?

Get Legal Help Today

secured lock Secured with SHA-256 Encryption

If my brother-in-law totaled my car and now refuses to take responsibility, can I sue?

What can I sue for?

Asked on November 1, 2011 under Accident Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If your brother-in-law totaled your car, then you can sue for damages to the vehicle.  If your brother was an authorized driver, and your insurance company paid a claim because of his actions, they may also be able to sue to recover the expenses they incurred.  Before you file a lawsuit, however, you may want to see if you can get a couple of attorneys to give you a free or low cost consultation first.  Many people jump into lawsuits for the principle (like getting the other side to accept responsibility), but end up spending more of their hard-earned dollars than they anticipate.  An attorney can give you an idea of the cost of your lawsuit based on several factors specific to your case like:  court costs, need to hire experts to prove liability, damages and valuation of your vehicle.  If your vehicle was not worth very much, then an expensive lawsuit is going to be counter-productive.  If you still had quite of bit owing on the vehicle, then the lawsuit may be a viable option for getting your brother-in-law to pony-up.  Another factor to consider is your brother-in-law's ability to pay.  If he had insurance, you may be able to file a claim on his policy.  If he did not have insurance and has no assets, a judgment won't do you much good.  Many debtors file lawsuits to get judgments, only to find out it's a worthless piece of paper because the respondent (other side) is completely insolvent.  Take as much documentation regarding the incident that resulted in your car being totaled and what you know about your brother-in-law's ability to pay to an attorney so they can advise you on the best direction.


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