QUESTION
Can I sue the other driver if they were at fault?
Asked on Oct 24th, 2011 on Personal Injury - Georgia
More details to this question:
I was in a car accident and my insurance company has determined that my vehicle is a total loss, but the amount of money given to me for the car is not enough to purchase the same vehicle again. The other driver was found to be at fault. Can I sue her (her insurance company) and, if so, what am I entitled to?
16 ANSWERS
General Practice Attorney serving Indianapolis, IN
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Broad Law Firm, LLC
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When you are in an accident and someone else is at fault, you generally can sue them within the applicable statute of limitations (2 years in Indiana). Assuming that you prove 100% fault on the other driver, you are entitled to 100% of your damages. In a property damage case where your car is damaged, you are entitled to the cost of repair of the vehicle or the value of the vehicle if the cost of repair exceeds the value (being "totaled"). If your insurance company has already provided you the value of the vehicle, there is nothing else to recover from the other driver.
Answered on Feb 20th, 2012 at 3:53 PM
Family Law Attorney serving Bellevue, WA
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Dearbonn Law Offices PLLC
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Yes, you may. Entitlement damages for the loss of the vehicle.
Answered on Oct 27th, 2011 at 2:42 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Sure. Any time there is a total loss of a vehicle you are entitled to the fair market value of the car at the time of loss. Makes no difference what you owe on the car or what a "new" car costs. Several computer sources can give you ranges of value based on age and condition. Car Max can do the same. Reading the ads in the newspaper may give you what you need.
Answered on Oct 26th, 2011 at 2:51 PM
Assault Attorney serving Richardson, TX
2 Awards
Yes if you have not released her when you settled your claim.
Answered on Oct 26th, 2011 at 2:39 PM
1 Award
Yes, if the other party was at fault you should be able to recover the damages to your car, plus any other legally recognized damages, such as medical bills, pain and suffering, etc.
Answered on Oct 26th, 2011 at 2:26 PM
Brain Injury Attorney serving Baton Rouge, LA
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The Lucky Law Firm, PLC
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Unfortunately, in Louisiana when a vehicle is deemed a total loss, the at-fault driver and his insurance company are liable to you for the actual cash value of your vehicle. If your insurance company paid you for the value of your vehicle, then the at-fault party and his insurance company are responsible for reimbursing your insurance company for what it paid, plus reimbursing you for your deductible. You cannot sue the at-fault party or his insurance if you have already been made whole by your insurance company.
Answered on Oct 26th, 2011 at 12:03 AM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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No. If you had collision and were paid, then you cannot sue.
Answered on Oct 25th, 2011 at 11:20 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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Sue the bad driver in the Justice Court, which has jurisdiction up to $12,000.
Answered on Oct 25th, 2011 at 6:51 PM
Steven D. Dunnings
You can sue only up to the amount of your deductible not exceeding $500 unless they had PLPD.
Answered on Oct 25th, 2011 at 4:37 PM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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You can sue the other driver for your injuries (medical expenses, pain & suffering etc.). If you settled for the property damage on your car with your own carrier, I do not believe you can go to the other drivers carrier to get more money. In fact, your carrier will subrogate the claim against the other drivers carrier. This means they will make a claim to get reimbursed from the other driver. If they get money, you will get your deductible, but thats it.
Answered on Oct 25th, 2011 at 4:25 PM
The facts are insufficient to determine your full entitlement and do not reflect that you incurred any physical injury from the accident. However, in order to seek and obtain a complete recovery, you should retain an accident or plaintiff's personal injury lawyer
Answered on Oct 25th, 2011 at 4:14 PM
Truck Accidents Attorney serving Indianapolis, IN
Partner at
Craig, Kelley and Faultless LLC
3 Awards
Your e-mail doesn't say anything about being hurt so I assume that you're not and your question is directed solely towards your property damage claim. You are entitled to the lesser of the cost of repair to your vehicle or the fair market value of the car. So if it is cheaper to fix the vehicle then the insurance company has to repair the vehicle. However if the vehicle is worth less than the cost of repair the insurance company is under no obligation to repair. It only has to pay you the fair market value of the vehicle. The amount owed on the vehicle is not relevant to what is owed by the insurance company that insures the person who it you. You would also be entitled to tow bill, storage bill and for the reasonable loss of the vehicle while it is being repaired or while you are waiting to get the fair market value check.
Answered on Oct 25th, 2011 at 4:12 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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If your own insurance company paid you for the loss to your car (less your deductible, of course) then your insurance company is subrogating against the at fault driver, so they get to reclaim their money, not you.
Answered on Oct 25th, 2011 at 3:38 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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You are entitled to be compensated for your loss. Your insurance company has determined that the value of the car is less than what you thought it was. You can try to sue the driver of the other vehicle for the difference, but you will have to produce documentation as to the value of the car.
Answered on Oct 25th, 2011 at 3:38 PM
You are entitled to only the book value of your car. As a suggestion, you can also get quotes from local dealers to try to find the best evaluation of your used car to get you as much as you can. As far as suing the other driver, you may have a claim for pain and suffering if you are injured. You should contact an experienced personal injury lawyer in your area for a free consultation.
Answered on Oct 25th, 2011 at 3:38 PM
Houston D. Smith III
You are entitled to the fair market value of your vehicle. You can bring suit against the at fault driver in small claims court to recover the fair market value of your car.
Answered on Oct 25th, 2011 at 3:37 PM