What are our rights on a claim settlement?

UPDATED: Mar 11, 2012

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What are our rights on a claim settlement?

My son was T-boned by a truck last week. The truck ran a red light so the other driver was at fault. However my son drives a 14 year old car and it will probably cost more to repair than the book says the car is worth. We would never be able to get another car for what they would give us. What are our rights?

Asked on March 11, 2012 under Accident Law, Georgia


Paula McGill / Paula J. McGill, Attorney at Law

Answered 10 years ago | Contributor

If repair is greater than the value of the car,  you will be entitled to the value of the car.  If your son was injured, you are entitled to recover medical expenses, and he is entitled to pain and suffering. If he missed certain events because he was injured, he might be able to recover for the value of that missed event.  

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