Legal Question in Personal Injury in Georgia
I was rear ended while at a red light. The impact totaled my car. I was financing my car. The police report states the guy that hit me had been drinking, had the open container in his vehicle and was talking on the phone to his brother when he hit me. Other than paying off my vehicle, is the guy liable for any thing towards getting me another vehicle?
2 Answers from Attorneys
If your car was totalled, you are entitled to the value of the car. That may or may not pay off your loan if you were underwater and you are own your own for replacing it. If you have other damages or injuries, you failed to tell is what they are. You can see a lawyer if you think you have more damages, but keep in mind you'll need to get much more from the insurer to pay the lawyers fees, and if all you have is a totalled car it could be tough to come out ahead if the insurer makes a reasonable offer.
You left out the most important information - were you injured?
If your car was totalled, you are entitled to the current book value of the car. Since many people are under water on their loans that may not be enough to replace the car, which is why everyone who finances a car needs to have bought gap insurance (if you did you have no worries and if you didn't you have a problem).
If you were hurt, you may also be able to seek damages for your injuries including actual damages, pain and suffering and other amounts.
If there were personal injuries, see a lawyer. If there were not, you can deal direct with the insurer as to valuation.
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