In other words, I got hit in Massachusetts by a overnight delivery truck. They were clearly at fault, but this is a no-fault state. Assuming my car is totaled, my insurance will pay market value. Can I go after the delivery company's insurance to make up the difference so I can go buy the same car new? We always buy new cars, we weren't expecting to replace a 2004 Pilot in 2006 and hadn't budgeted to do so. Why should we be forced to buy a used car when this accident was no fault of our own?
2006-08-08 08:42:33 · 4 answers · asked by sbflyinghook 2 in Cars & Transportation ➔ Insurance & Registration
No, you can't sue in a no-fault state. Your insurance settlement is it. They pay you fair market value, enough to hopefully replace your '04 Pilot with another '04. Fault doesn't matter in a no-fault state. That's why it's called no-fault.
However, even in an at-fault state, the best you're going to get from the at-fault driver's insurance is fair market value. No insurance company is going to replace a 2 year old vehicle with a new one and you have no legal entitlement to a new vehicle regardless of fault.
Insurance rates are bad enough as they are. Can you imagine what it would be like if they did that for people? "Well, it's time for a new car Maude! I'm going to go out and wreck the old one so's we can get a new one!" Yeah, right!
2006-08-08 11:06:40 · answer #1 · answered by Bostonian In MO 7 · 0⤊ 0⤋
Why do you think you should get a new car to replace a two year old car? You should only be paid for the fair market value of the car. If you don't like the fact that new cars drop close to 1/2 their value in two years then don't buy new!
Let me say this loud and clear:
YOU ARE NOT ENTITLED TO A NEW CAR.
2006-08-08 15:51:59 · answer #2 · answered by N3WJL 5 · 0⤊ 0⤋
I doubt you can sue the insurance company with a no-fault situation. Besides, you were driving a USED car at the time of the loss.
Boo-hoo.
2006-08-08 22:46:25 · answer #3 · answered by Anonymous · 0⤊ 0⤋
No. Collision is only replacement value. If you received the full value of your loss, then you were justly compensated. You are asking for more than what you lost.
I understand that you do not like buying used cars, but a judge wont care.
2006-08-08 15:49:41 · answer #4 · answered by Anonymous · 0⤊ 0⤋