If my car was hit while parked, can I sue the other driver’s insurer?
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If my car was hit while parked, can I sue the other driver’s insurer?
my car was hit while parked in a parking lot. I got a police report and the officer gave the other driver a summons. myself and the person who hit my car both have statefarm. His insurance accepted liability for the accident. problem is the repairs are going to cost more than the car is worth on blue book value. and the insurance company wants to total it. The offer they’re making wont enable me to purchase another reliable vehicle. can I sue them to get enough money to purchase another decent car?
Asked on July 23, 2018 under Accident Law, Florida
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Your recourse when you are dissatisfied with the insurance carrier's settlement offer is to reject the settlement offer and file a lawsuit against the at-fault party for negligence. It is unlikely that you will recover enough to buy a new car.
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