QUESTION

If my car was hit and run by a drunk driver, and insurance wouldn't cover the brake lines, can I sue the kid who hit me?

Asked on Jun 13th, 2013 on Personal Injury - Michigan
More details to this question:
My car was parked in the street and hit. The driver did not stop. Eventually the cops tracked him down and alcohol was suspected on the accident report. His insurance covered all the damage, including one brake line but not all the other brake lines and the fuel lines that had to be ripped out in order to replace the one. My car was braking fine until he hit me and I feel I shouldn't have to pay for something that wouldn't have needed to be done if he had never hit me.
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9 ANSWERS

Sure you can sue the driver of the other car in Small Claims Court and that might get his insurance carrier to pay the other brake lines, which they are liable for. Try to get a letter from the mechanic who did the work as t why he had to tear out the other lines so that you can try to get the insurance to pay you.
Answered on Jun 14th, 2013 at 9:14 AM

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Ronald A. Steinberg
Sure.
Answered on Jun 13th, 2013 at 2:45 PM

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Thomas Edward Gates
Yes, you can sue to receive payment to restore your car to the condition it was just prior to the accident.
Answered on Jun 13th, 2013 at 1:31 PM

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James Eugene Hasser
It should, but if it doesn't make a collision claim on your policy and let your insurance worry about getting their money back.
Answered on Jun 13th, 2013 at 11:38 AM

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Yes; I would also tell your insurance company that you are going to add them as a party to the suit
Answered on Jun 13th, 2013 at 11:23 AM

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Criminal Defense Attorney serving Anderson, SC at The David F. Stoddard Law Firm
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If you accepted what was paid as a final settlement, you cannot sue because you settled the case. If you did not sign a release settling the case, you can go back to the insurer for more money, and if they do not satisfy you, you can sue (the insurer will be liable for whatever you win). Usually, when an insurer gives you money, they insist that you sign a release agreeing that this settles the claim in its entirety.
Answered on Jun 13th, 2013 at 10:25 AM

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Personal Injury Attorney serving Atlanta, GA at Gregory S. Shurman, LLC
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Yes, you can sue him for any damage he caused. His insurance will be there to cover any damages a jury finds to be his responsibility, up to their limits of coverage.
Answered on Jun 13th, 2013 at 10:24 AM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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you don't settle a property damage case unless and until all damage is considered.
Answered on Jun 13th, 2013 at 10:24 AM

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John Hone
Yes. Small claims court up to $1000.00.
Answered on Jun 13th, 2013 at 10:23 AM

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