What can you expect to recover after an accident that is not your fault

UPDATED: Sep 30, 2022

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What can you expect to recover after an accident that is not your fault

Vehicle in an accident and may be totaled. Not at fault and other driver
insurance has claimed fault. If totaled I understand the estimate of the value of
your car. Can you expect their insurance company to pay for taxes, title fees,
etc for the purchase of a different vehicle?

Asked on July 25, 2016 under Accident Law, Missouri


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If the other driver was at fault, he and/or his insurer has to pay the then-current fair market value, or "blue book" value," of the totalled vehicle. They also have to pay costs directly arising out of the accident--e.g. towing the wreck; possibly paying for a rental car for a reasonable number of days (the time the average person would take to get a replacement car); etc. 
They do not have to pay costs associated with buying a new car, however, such as title, taxes, etc. Again, in terms of vehicle reimbursement, their obligation is to pay for the vehicle that was totaled--what it was worth then.

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.

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