If I was hit at an intersection, totalled, and it wasn't found to be my fault doesn't the person who hit me owe me a car ?
My insurance says they'll only pay me the car's worth, $8,000 which doesn't even cover the loan I still owe
Can I sue him for what he owes me ?
2007-04-09 04:03:46 · 8 answers · asked by Moatilliatta 3 in Politics & Government ➔ Law & Ethics
yes, you only get the fair market price on your car unless you carry Gap insurance (a good idea). You can sue them for any pain you have due to the accident and this will more than offset what you are upside down in on your car. It sucks, but that is the way it is. Always carry gap insurance, it only adds on a few buck a month to your payment.
2007-04-09 04:14:03 · answer #1 · answered by Rob K 2 · 1⤊ 0⤋
Most states (maybe all) have no-fault insurance laws. Your insurance company can sue him--and his proxy insurance company--to recoup the loss, but I don't think you're entitled to a new car from the crazy driver. Of course, you can sue him (anyone can sue for anything) but you probably won't be awarded money to buy a new car. If you were hurt in the accident, that's a different matter.
2007-04-09 11:11:44 · answer #2 · answered by Oxhead 3 · 1⤊ 0⤋
While it is unfortunate that you were in a car wreck, the insurance co. only owes you the market value of the car.
It is not their fault that you are upside down on your car, but they are offering you the fair value. If you feel that they aren't, then look up the retail value of your car on a site like, www.kbb.com . That way you know the true value, or you can look in the newspaper ads for similar cars and the asking price. Good luck
2007-04-09 11:17:50 · answer #3 · answered by Fordman 7 · 1⤊ 0⤋
Your insurance company can only pay you the fair market value of your vehicle. This is the agreement you have with them.
You may be able to pursue the other driver for lost wages, return of your deductible and other verifiable losses because the accident was their fault.
But you won't be able to sue him for the difference of what you owe and the car's value.
Good luck.
2007-04-09 11:11:28 · answer #4 · answered by ken erestu 6 · 2⤊ 0⤋
Right, insurance will usually only pay for the car's Blue Book value. Sorry.
2007-04-09 11:19:49 · answer #5 · answered by Anonymous · 1⤊ 0⤋
You contact his insurance agency....you could sue him...but I doubt he has the resources to buy you a new car anytime soon.
2007-04-09 12:03:28 · answer #6 · answered by Dr. Luv 5 · 0⤊ 0⤋
One word, WHIPLASH!
You can sue for bodily injury as the result of the wreck as well as your time off and all of your hospital bills. That should take the amount way up there.
2007-04-09 11:59:12 · answer #7 · answered by Kevin A 6 · 0⤊ 0⤋
have to insure ofr replacement cost which is different than normal insurance
2007-04-09 11:08:51 · answer #8 · answered by Anonymous · 1⤊ 0⤋