Can I go after the at fault driver to be able to replace my car?

Question

My son was in an accident and the other driver was at fault. He is not insured.  I am having to go through my insurance company under my uninsured policy. They want to total the car. We only had it 2 months. I cannot replace it for what they want to settle for.

Ronald A. Steinberg · Answer

You can fight with them over the value of the car.  Check with Craig's list and other sources to see what similar cars sell for.  You can sue the idiot that caused the accident for anything not covered by your insurance.

Christopher Caldwell · Answer

Generally, in Idaho, you are entitled to the fair market value of your destroyed property, along with compensation for loss of use, often in the form of a rental car for a period of time.

Hamed Yazdanpanah · Answer

You should immediately retain the assistance of counsel.  Most attorneys that would handle this matter, including our firm, would not take or charge any money from you.  They would represent you on a contingency basis.  But if you wish to receive a fair settlement, you must seek legal advice.

Lisa Hurtado McDonnell · Answer

Yes, you can, but does he have any assets? If not then why waste money. Don't settle with your insurance company until they have covered all your damages.

Rivers Morrell · Answer

Unfortunately you are only entitled to get the fair market value of the car. It likely went down in value for the 2 months. You will need to find someway to show, or prove what you think the fair market value of the car was at the time of the accident.

James Eugene Hasser · Answer

The law of damages in Alabama is that you are entitled to the cost of repair or the value of the vehicle, whichever is less. You don't have to accept the insurance company's offer. Value is a matter of opinion. Everybody has one. Insist on your value of the car. You can sue the other driver for it. Now, if the value is less than what is owed, you're out of luck.

James Kelaher · Answer

They only have to pay you the fair market value for your car. Check some of the online sources for an evaluation of your car.

Nick Ortiz · Answer

Yes. You can always go after an at-fault driver for your losses. The real issue is whether you will ever get something out of him.  As for your own insurance company, it sounds like you are "upside down". You owe more than it is worth according to the bluebook.  You should get quotes from several sources as to the value of the loss.  Some attorneys do help in property loss claims with insurance companies.

Thomas Edward Gates · Answer

Regardless of who ends up paying for the totaled car, the book value is all you will get.  Since the other driver did not have insurance, it is highly unlikely he has the resources to pay any judgment.

Georges Shers · Answer

Unfortunately, no. You are stuck with the cost of repair or the fair market value [plus the reasonable cost of a rental vehicle], which ever is less.

David Easson · Answer

At fault driver will file for bankruptcy.  It is much easier to deal with your own I ins company.  If they do not make fair offer sue insurance company.

Farzad Sabzevar · Answer

The short answer is yes.  You can file a law suit against the adverse   driver for your deductible and any other deficiency.  Your own insurance  may  also file a claim against the adverse driver, and you may be able to join   their law suit.  Ask your claims adjuster.

Burton Padove · Answer

Unfortunately, you are only entitled to the value of the car-not what it would cost to replace it.

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Can I go after the at fault driver to be able to replace my car?

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