QUESTION
Can you sue for the difference of a car after an accident?
Asked on Apr 16th, 2014 on Personal Injury - West Virginia
More details to this question:
I was in an accident two weeks ago, where a woman who stated she was distracted, hit me and caused me to go forward, hitting the person who was in front of me. The other two cars were fixed, and my car ended up getting totaled being that I was in the middle. The insurance company of the woman who hit me agreed to give me more money towards my car, but I still needed more to get a decent car of the same year, similar mileage, etc. I looked online aggressively and purchased a car for $10,000, but I still need to put out about $2,400 since the insurance check is not covering that portion. My question is, if I can sue this woman (or her insurance company). Between the documentation fees, going to the chiropractor three times a week, etc. I feel that someone should be covering this cost and not me, especially because I was not at fault.
7 ANSWERS
James Eugene Hasser
Unfortunately, in Alabama, the law is that they owe you the cost of repair or the value of the vehicle, whichever is less. Sorry.
Answered on Apr 17th, 2014 at 6:16 PM
Ronald A. Steinberg
If you signed a release in order to get the money, then you cannot go any further. What you "pay" for a car and what that car is "worth" are 2 different things. The time to argue was when you were negotiating with her insurance company. Not after you sign a release and get a check.
Answered on Apr 17th, 2014 at 6:16 PM
Personal Injury Attorney serving Charlotte, NC
at
Paul Whitfield and Associates P.A.
Update Your Profile
You are in a rush and you are mixing apples and oranges. You are entitled to the fair market value of your car, whatever it is. do your own research and let the carrier know what you find. Don t quibble over small dollars, just get close. If you have personal injuries, they are separate . don't talk about them til you are well, released by the doctor and know all your losses and expenses. See a good PI lawyer.
Answered on Apr 17th, 2014 at 6:16 PM
Edwin K. Niles
You have two questions. On property damage, insurance cos. usually get an average of prices of similar cars that have sold, and they add tax, etc. You should be able to find a similar car for the money that they pay. If you upgrade to a newer car, that?s your problem. On personal injury, the insurance co. for the driver behind you will look at the amount of the medical bills, the length of treatment, and the outcome and then make an offer. The offer WILL be low. An independent study showed that you will be better off with an injury lawyer.
Answered on Apr 17th, 2014 at 6:15 PM
Once you sign the agreement and cash the check, you are not able to further sue for more damages on the vehicle.
Answered on Apr 17th, 2014 at 6:42 AM
Thomas Edward Gates
Once you accepted the settlement check, you signed a release for future compensation.
Answered on Apr 17th, 2014 at 6:34 AM
You should contact an experienced personal injury lawyer to discuss your case. Most offer a free consultation. You may be eligible to receive compensation for medical expenses, damages, lost wages, and future expenses depending on the facts of your case and insurance coverage available.
Answered on Apr 17th, 2014 at 6:20 AM