QUESTION
A Domino''s Pizza driver totaled my 2004 Chrysler Sebring. My daughter, a grad student was driving & had witnesses. Can we sue Domino''s for damages?
Asked on Jan 17th, 2012 on Automobile Accidents - Maryland
More details to this question:
The accident was yesterday in Baltimore, MD. I live in Pennsylvania. The pizza driver backed into my daughter and she has witnesses. The car is registered in Maryland. The value of the Sebring is about $4K, which Progressive, the other driver''s insurance company will pay to me. My daughter is left without transportation and we can''t replace the car with a comparable used car for $4K. Can my daughter or I sue Domino''s for damages for loss of transportation. She is a Ph.D. candidate currently working on her dissertation and desperately needs transportation at this time. She is due to receive her PhD in May and loss of transportation could potentially delay her graduation.
1 ANSWER
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Typically the primary insurance company responsible for this type of claim will be that of the driver and Domino's liability policy will be secondary. Usually Maryland law is only going to require the driver's insurance company to pay for the repairs or the value of the vehicle. The insurance company could also be required to pay for a rental vehicle for a short period of time. If the vehicle is relatively new and could be repaired then you might be entitled to make a diminished value claim. If the vehicle is a total loss, then the insurance company is not required pay enough money for a comparable used car just the fair value of the vehicle. It will be very difficult to make a claim for loss of transportation except as to those claims I mentioned above.
Answered on Jan 17th, 2012 at 8:50 PM