Legal Question in Insurance Law in South Carolina

New Vehicle Damaged in Accident

Three weeks ago I bought my son a new car off the showroom floor. Last week a delivery truck ran into the rear of his new car. The impact caused my son to hit the car in front of him, which, in turn, hit the car in front of it. Since it was the first to be hit, my son's new car got the most damage. The rear bumper and hatch were damaged and the front end was bent into his tire, making it undriveable. I spoke with the insurance company of the person that hit my son's car. They said they were going to have it fixed. I told them it was a new car less than three weeks old, and I didn't want them to fix it, I wanted them to replace it with another new car just like it. They did not appear to embrace that idea. My son was the proud owner of a new vehicle for two weeks, now he is the frustrated owner of a new wrecked vehicle. Being wrecked and then fixed will certainly diminish the car's value. I don't understand why I and my son should pay for someone else's accident. Is there any recourse to cause the insurance company or the business they represent to replace my son's vehicle with another new one?


Asked on 8/24/04, 5:16 pm

1 Answer from Attorneys
Robert Johnston Law Offices of Robert J. Johnston

Re: New Vehicle Damaged in Accident

There is recourse. However, you would most likely need a lawyer for that recourse. The reason is that an insurance company will work with a lawyer more than a nonlawyer since they know that you don't have the ability to file a lawsuit as well as the lawyer does. I agree with your position. You might try telling the insurance company that if they don't replace your son's car with a new one that you will retain an attorney. It can't hurt to try telling them that. Good luck.

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Answered on 8/25/04, 10:30 am


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