Legal Question in Personal Injury in New York

i was involved in a car accident on 8/17. I have contacted my insurance company and they will be coming to look at my car to determine the repairs. They told me that it is possible that the car is totaled. The car is currently being financed and i owe around $9,000 to the bank. Here's the problem. If they total the car i will receive a check for the value which has to go directly to the bank to pay the loan. I am looking to file a lawsuit against the man who hit my car. I should not be deprived of a vehicle due to someone else's bad mistake. This is only if the car is totaled. I am trying to get an idea on what my options are. If the car is totaled, i will be filing a lawsuit against the guy. If you can possibly send me some information on what my options are, I would appreciate it. Thank you


Asked on 8/26/11, 6:33 am

1 Answer from Attorneys
SHAHRIAR KASHANIAN LAW OFFICES OF SHAHRIAR KASHANIAN, ESQ.,

You may have some leverage in convincing the defendant's insurance company to pay additional for the loss of use of your vehicle over its market value or proceed to court to obtain a reasonable judgment. However, as to your own insurance company, they are not obligated to pay you for more than your car's market value (inclusive of its condition, mileage, marketability, etc.,). If they decide to total your car, you may take the money and apply it to repairs if you can find a shop that is willing to do the job within those parameters (not all shops are created equal, nor do they charge the same in these economic conditions).

You may call me to discuss your options further subject to a consultation fee.

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Answered on 8/26/11, 8:22 am


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