Rental car totaled in Maine, other driver 100% at fault. Can I sue for uncovered expenses and vacation wasted?

UPDATED: May 24, 2009

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UPDATED: May 24, 2009Fact Checked

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Rental car totaled in Maine, other driver 100% at fault. Can I sue for uncovered expenses and vacation wasted?

I was involved in an accident in Maine. The rental car was totaled when our car rolled after a left-turning driver cut us off on an open highway. The other driver was 100% at fault, per the police report. and there were several witnesses to the accident which support me. We are insured through personal insurance and American Express for the car.Can I sue the other driver for additional expenses and the portion of our vacation that was ruined? Add’l expenses include expensive 1-way rental of another car, 2 hour car service to get the new car, damaged laptop, etc.

Asked on May 24, 2009 under Accident Law, California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

Yes, but assuming the driver was from Maine,  to sue you'd likely have to sue in Maine. If the driver is a California resident you could sue in California. If there were personal injuries you would most likely have to sue in Maine.  Given that what you describe are rather minor damages -- although very annoying -- it probably is not worth it. Personal injury requiring medical attention or producing any scarring or loss of capacity would be worth it. A letter from a Maine lawyer to the other driver or his insurance company would probably get you the minor costs reimbursed if you and the passengers would give a release as the other driver's carrier would be concerned about a potentially much larger law suit.

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