Can I sue another driver for expenses after they totaled my car?
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Can I sue another driver for expenses after they totaled my car?
I was in a no-fault accident. No injuries but my car was totaled. I believe they were texting or phoning while driving. I will have to get a rental and have been relying on my parents for transportation to work, groceries, etc. The other driver is lying and I have evidence that she is by the appraisal report, but her insurance company may not pay for rental expenses or even deem her liable. What can I sue for? Insurance fraud? Rental expenses? Expenses incurred on my parents? I don’t know when my insurance will give me the check but time/money is running out.
Asked on July 2, 2012 under Accident Law, Massachusetts
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
IF the other driver were at fault (e.g. negligent) in causing the accident, you could potentially sue her for actual out-of-pocket costs directly related to and flowing from the accident, which costs are not paid for or reimbursed by insurance. Thus, you could potentially sue her for the cost of any rental vehicle while yours is being replaced; however, you cannot sue for non-monetary "costs" or inconvencience, like your parent's time. You do not have to accept her insurer's determination that she was not at fault--the insurer is not a court; this is not a judicial adjudication--but can try to sue her and prove her to be at fault if you think she was. If she was not at fault, however, and you cannot prove fault, you will lose the case; liability in situations like this depends on fault, and without fault, there is no liability or obligation to pay.
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