Legal Question in Personal Injury in Ohio

Re: Car Totalled by Drunk Driver

You can sue the person that struck your car, however, the insurance company will receive the money for paying for the damage to the car. They have what is known as a right of subrogation, that is, they are entitled to recover from the negligent driver of the vehicle the amount of money they paid on your behalf. You would be entitled to the remainder of the money, if any. You would also be stuck with all the court costs unless your insurance company agreed to pay all of them or share in the cost.

When a car is totalled, the owner is entitled to the fair market value of the vehicle. This is without regard to whether a lien exists. For example, if I just bought a car for $7,500.00, put $500.00 down and financed $7,000.00, and it was determined that the fair market value of the car was only $6,500.00, then that money would go to pay off the finance company, I'd owe the finance company $500.00 and I would be out my $500.00 down payment.

With respect to other items that you might be able to recover in a lawsuit, the items might include the cost of a rental for a reasonable period of time until you replaced the car and damage to anything that may have been inside the car when the accident occurred. Any other damages that are reasonably foreseeable as a result of the accident may also be claimed.

Additionally, even if you are successful in obtaining a judgment against the driver of the vehicle, you would then have to attempt to collect the judgment. This would involve wage garnishment (if the person is working), attachment of bank accounts (if any), and/or attachment of property (if any).

Unfortunately, the financing of the vehicle does not enter into the considerations as to the fair makent value of the vehicle and the amount you are due for your vehicle.

If you have any additional questions, please feel free to contact me. Also, you may seek the advice of other attorneys whose opinions may be different than mine or may have other ideas. My response is based upon the information you have provided and there may be other information that may alter some of my opinions.