Legal Question in Civil Litigation in Maryland

My car was hit while it was parked in front of my parents' home inside a gated community. Actually, it was deemed a total loss. I arrived on the scene approximately 10 minutes after my car was hit. It began as a hit and run. . There were witnesses outside as I approached my vehicle. I was told the driver appeared to be intoxicated. I called the police, made a hit and run report, and called my insurance company. Approximately, 4 hours later, a note mysteriously appeared on my car. I called the man, who was a resident in the gated community, and received his insurance information.

As a result, my car, that was paid for, is totaled, and now, I'm forced to incur a car note I did not want nor financially able to assume. The amount I was awarded is not enough to get a comparable car. I am a single mother of 4 with 3 in college. Somehow, I feel this has turned out as a lose-lose situation for me. Do I have a legal case?


Asked on 2/08/10, 6:42 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

When a vehicle is damaged in a car crash, the law provides that the measure of damages is either the cost of repair or the loss of value of the vehicle resulting from the crash, whichever is less. Since vehicles depreciate quickly, an older vehicle is often worth less than the cost of repair if the damage is significant. For example, if your car had a blue book value of $7500 at the time of the damage but it would cost $8000 to repair, the insurance company declares it a total and owes you $7500. If the vehicle has some salvage value and you want to keep it, they will deduct the salvage value. If it can't be repaired, they'll take it for parts and give you the $7500.

You aren't entitled to a new car, because that would put you in a better position than you were before the crash. If you've already received the payment from the insurance company, you signed a release and the case is over. If you dispute the amount they are offering because you think your car was worth more, you could go to court over this, but the time, expense and uncertainty probably wouldn't be worth it.

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Answered on 2/15/10, 6:59 am


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