QUESTION
Do I have any other recourse against the driver to get a new car?
Asked on Feb 17th, 2012 on Personal Injury - Massachusetts
More details to this question:
I was in a car accident and the insurance company totaled my car. The other driver is being cited. I have been out of work for almost a year and half, and my household depends on my income. Do I have any other recourse against the driver to get a new car? Will this be hard? If it makes a difference, the other driver is Connecticut registered, and I am in Massachusetts. The accident happened in Connecticut.
1 ANSWER
As far as property damage goes, you are only entitled to the book value of your car because it was totalled. I assume you have been paid this. You cannot then ask for a new car. In the eyes of the law, you have been reimbursed and paid in full. However, you mentioned being out of work for a year and a half. You did not indicate if this was related to the accident or not. If you were injured from the accident, you may have a claim for pain and suffering against the at fault driver.
Answered on Feb 27th, 2012 at 9:49 AM