I’m an 18 year old college student home for thanksgiving break. I decided to go do some christmas shopping yesterday when my day turned terrible. I was turning left out of a shopping plaza, i had the green light when a lady from my left came speeding going about 75 mph and hit the front drivers side of my car. She literally took the front of my car off, the only thing left to my car is the engine. She bent the frame of the car so the point where i can hardly open the passenger side door, which wasnt even hit by her car. My airbags deployed and my hand was burned and i received a concusion, whiplash and im experiencing back pain. My car was brand new, about 4 months old and the amount from the insurance company wont pay the loan off fully.I have a witness from the accident who said the lady ran the light and was at fault and I just dont know if i should sue.
All those other answers sound good but were not totally true. First it depends on what state you are located in.. In states like Philadelphia they offer insurance with full tort, meaning that you have the full right to sue the person for whatever you like too and more. That’s one, and if you bought a new car do you have gap insurance on your insurance or did the dealership factor gap insurance in on the loan? You have to ask to find out.. If you are in pain make sure you get everything taken care of, thats what insurance is there for.. Good luck on your journey, and never take anything people say at face value unless they are licensed or have some kind of measurable experience on the subject.
Usually the language in the insurance contracts is ":to replace with like and kind":. You should demand the insurance company find and PROVIDE to you a similar year model and equipped vehicle with the same amount of mileage on it as yours at the time of wreck. Check their policy contract to see what it says. If they have to buy a new vehicle they should do that. Then you would be charged some amount for the actual mileage you got on your Jeep at the time of the wreck. they are just low-balling you to see if you go for it. The other thing is that the ins co will obtain title to your salvage total and they will sell it at auction. Probably get $3-5000 for it for parts. Also a lot of ":totaled": cars are sold at auction and then REPAIRED with a salvage title. And to directly answer your question – yes you can sue the driver and then her ins co will defend her. You might go to a court house – or on the internet and see if you can file a lawsuit with a ":check the box": form and not hire a lawyer. Attach your police report and the damage appraisers report to your papers and sue her for 36000.
you can only collect for the car what the insurance company says it books for. the interest on your loan does not matter when determining cars worth.
the insurance took care of your vehicle,there is no more to get.
also,the other person’s insurance will coverage your medical bills.
When an accident occurs, you must call the police and fill out a police report. If you left the scene of the accident without doing that, you have no case.
Suing somebody because he or she made a mistake is not very wise. I once wrecked a car of my mother’s (I was a new driver). My mom looked at me and said, ":Sweetheart, that’s why they call them ‘accidents.’ If people meant to do them, they’d call them ‘on purposes.’": When my son wrecked my car, I got to use the same line. When his sister wrecked his car, he got to use it.
People make mistakes. Be forgiving and perhaps you will be forgiven when you make one.
No, you can’t. It’s not the driver’s fault (or the insurance company’s) that you are upside down on your loan. You are the one who chose to pay more than what the car is worth.
EDIT: In reference to another answer – Philadelphia is not a state…
you can try but the insurance is only going to pay the book value of your car, not what you owe on it and soon as you bought it and drove it off the lot is lost a lot of value.
what did the police report say? If it was her fault her insurance company will pay for the car and your medical bills.
NO her insurance will cover your car and you have insurance on yourself.
She could make you look stupid.