I had an accident few days ago. A lady driver ran through a stop light and hit me.
Anyway the ins. company wnats to totall the car, since the car repair costs ($7500) exceed 70% of the value of the car($9200).
Do I have any rights to sue the lady driver to get me another car (similar to Lexus). Any suggestions.
2007-07-06 09:30:35 · 12 answers · asked by hanuma 1 in Cars & Transportation ➔ Insurance & Registration
You are probably not going to be able to sue her to get a Lexus if your car was only worth $9200. You could file a false medical claim, but then you'd end up in jail. Why would you want to jip her like that? Because you think you can?
2007-07-06 09:34:04 · answer #1 · answered by Anonymous · 1⤊ 0⤋
You can sue her; but since she has insurance, your lawyer will just deal with the other insurance company and take half the money. If the cost to repair is less than the value of the vehicle, get it fixed. A car isn't totaled until the cost exceeds the value of the vehicle.
2007-07-06 10:24:04 · answer #2 · answered by Dave 4 · 0⤊ 0⤋
Here's an option that hardly anyone ever considers:
Why not get YOUR insurance company involved? Talk to them, see if they can deliberate with that other company to get things done the way you need them.
Keep in mind that the company you pay is paid to represent YOU, so they'll use their legal know-how to get you taken care of.
Now, as for a law suit or getting the amount it would take to replace your car? Unfortuntely, the insured (driver that hit you) isn't really responsible for that. You can always get a free consultation from a lawyer if your insurance company won't help and see what they can do, but your situation is exactly why products like GAP Insurance were invented.
2007-07-06 09:42:43 · answer #3 · answered by Miss Meli 3 · 0⤊ 0⤋
If you settle with either her or your company for the actual cash value (ACV) you won't have the right to sue the other driver to get more $ or for her to buy you another car.
It is illegal to profit from an insurance claim so you aren't entitled to have her get you another car if you settle with either insurance company.
You probably could sue her if you don't accept any money from either company. The persons insurance company will provide them with a lawyer and the company will pay what ever the court awards you. However, it id VERY unlikely that any judge will award you anything above the ACV of $9200.00.
2007-07-06 16:24:14 · answer #4 · answered by fighting saints 6 · 0⤊ 0⤋
Well, right here within the U.S., an coverage declare remains 'open' till the declare is totally settled, the statute is reached or the economic limits had been exhausted. This implies that your father in legislation's insurer will manage the opposite occasion immediately till the problem is settled. They may also constitute him in courtroom if want be. I would not be too worried, it seems like they're effectively looking to pursue subrogation to get well a few coins. Call your insurer ASAP and inform them what is going on. Do NOT touch the opposite insurer till you talk along with your possess adjuster.
2016-09-05 16:58:38 · answer #5 · answered by wiltrout 3 · 0⤊ 0⤋
What do you mean? When they total the car they will give you actual cash value of your car... you will have the money to buy a similar car.
What else would you need to sue for? im confused? You dont want a new lexus right? cuz that obviously aint gonna happen...
2007-07-06 10:23:38 · answer #6 · answered by Anonymous · 0⤊ 0⤋
If you agree that the car is worth $9,200.00 then that is the amount of your settlement. The other driver does not have to find you another car. Just make sure the Ins. Co. adds sales tax and title transfer expenses.
2007-07-06 09:34:48 · answer #7 · answered by regerugged 7 · 1⤊ 0⤋
No, the insurance company will pay you the fair market value for the car. What you do with the money is not their concern.
2007-07-06 09:58:12 · answer #8 · answered by Anonymous · 0⤊ 0⤋
you have a car that is worth 9200 and they are'nt gona let you get a super car for this accident... this is insurance for you. if you want ,just total it ,and get the money,and buy something else.it will take a lot of money to seu and won't get anything.
2007-07-06 09:35:52 · answer #9 · answered by jcr 3 · 0⤊ 0⤋
You need to get a lawyer to advise you on the best way to handle the situation. Most lawyers will now take your case without a retainer fee if you were not at fault. Get a copy of the accident report and contact one in your area. I had the same thing happen to me and I ended up getting $18,000 out of it for all the damages to my vehicle and for medical expenses. Insurance adjusters are cut throat and will try to get you to settle for a little bit of nothing, so you need a lawye to protect you! It takes a little bit more time to settle, but it's worth it when you have ll that cash in your pocket!..*lol*
2007-07-06 09:37:44 · answer #10 · answered by Smarty Pants 4 · 0⤊ 3⤋