QUESTION
If a friend totaled my car, can I still take him to court even if insurance already gave me a check for total value of the car?
Asked on Jun 06th, 2013 on Personal Injury - Oklahoma
More details to this question:
I gave my friend permission to drive my car home. Instead, for an unknown reason, her boyfriend ended up driving it by himself. Instead of driving straight to my house, he drove somewhere else without my permission/knowledge and negligently totaled my car. My insurance included collision coverage and gave me a check for the total value of the car $14k. Would I still be able to take him to small claims court to get some kind of monetary return from him $5k because in my eyes, if it wasn’t for his negligence I wouldn’t have to buy another car or pay for an insurance increase?
7 ANSWERS
Ronald A. Steinberg
No, but your company can sue both the driver and your stupid friend.
Answered on Jun 09th, 2013 at 9:32 PM
James Eugene Hasser
You may be able to get damages you can prove over and above the collision damage amount you were paid. Your insurance company will be entitled to get their $14k back, though.
Answered on Jun 09th, 2013 at 9:31 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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In court you are entitled to be made whole as to your damages. Getting spite money is not in the cards. Punishing him is not part of the game.
Answered on Jun 09th, 2013 at 9:31 PM
Thomas Edward Gates
Since you were paid in full by your insurance company, you have been made whole. Because you allowed the car to be out of your possession, you assumed the liability that there could be an accident.
Answered on Jun 09th, 2013 at 9:31 PM
Insurance Defense Attorney serving San Bernardino, CA
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Ricks & Wear, PLC
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No not for the property damage you were compensated already for. Was there some other damage that you were not compensated for?
Answered on Jun 09th, 2013 at 9:30 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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You can, but whatever you collect you will have to reimburse to your insurer up to the amount they paid. Also, if he had no insurance, you will probably never collect if you win. Normally, if it worth it, your insurer will bring the claim against hi to recoup their money, which they have a right to do.
Answered on Jun 09th, 2013 at 9:30 PM
You have settled with your insurance company. They now have the right to seek reimbursement from the person who wrecked your car.
Answered on Jun 09th, 2013 at 9:30 PM