Legal Question in Personal Injury in California
Car Accident-Can I Sue?
I was recently invloved in a car accident. I was rear ended and the other driver was found to be at fault. My vehicle has been declared a total loss. The amount which I am being offered for my vehicle is fair, but not enough for me to buy another car. I was wondering if I could sue the driver in small claims court on the grounds that he totaled my sole means of transportation. Also now I am forced to chip in more money from my own pocket to purchase a car. Shouldn't he have to pay me something out of his own pocket, to make up for the difference which I have to put in?
2 Answers from Attorneys
Re: Car Accident-Can I Sue?
Mr. Roth has given you an excellent answer, including the reasons. Follow hi advice!
Re: Car Accident-Can I Sue?
No. He is liable for your damages that are not reasonably avoidable. His insurance is liable to cover the driver's liability to the extent that it does not exceed the policy limit. You are entitled only to the reasonable value of the vehicle if that is less than the cost of repair. If you cannot replace the vehicle with one of the same or comparable model, same year and same condition, than the amount offered by the insurance carrier is inadequate, and you should insist on more. You are entitled also to the cost of renting a comparable vehicle until you get the settlement. Usually the insurance carrier will offer value minus the salvage value of the vehicle. Insist on full value, and sign over the pink slip to the insurance company so that they have to handle selling the care for salvage value.
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