Legal Question in Personal Injury in Pennsylvania
Accident
My brother totaled my car. He was in an area that was no authorized by me. My car is gone and the car was not done being paid for and the ins co paid me a lot less so now I am stuck paying for the rest of the old car and need to get a new one. Also the passenger that was in my car is suing and also the person in the other car is suing. Can I sue my brother?
1 Answer from Attorneys
Re: Accident
Sure, you can sue him. But how are you going to collect?
Your insurance company paid you for the value of your car. If you sued your brother, he'd be responsible to pay you the same amount the insurance company paid you. You'd still be left with the gap between the value of your depreciated car and the amount you owe on your loan. I'm sorry to tell you this, but you've already collected as much as you're going to get.
Next time you finance the purchase a car, buy "gap" insurance to cover you for the gap that often exists between the value of the car and the amount you have left on your loan.
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