QUESTION
Can you sue in small claims court the person who: takes your car, totals it, but your insurance pays off the car?
Asked on Aug 07th, 2018 on Civil Litigation - Kansas
More details to this question:
My 18 y/o niece took my car without permission, and totaled it (suggest- ably under the influence per the police report). She did not have insurance however my car and gap insurance covered the payoff of my lien. Can I take her to small claims court? Ultimately I am now out a vehicle, which was almost brand new, I have to get a new vehicle and pay once again for down payment, taxes, title, registration, tags.
1 ANSWER
If you have any damages that were not covered by your insurance, yes, but not for the main part of your claim. Your insurance company covered most, if not all, ofl your damages, and is now subrogated to your claim, meaning that it can now sue your niece for the money it paid you.
Answered on Aug 07th, 2018 at 11:42 AM