Legal Question in Civil Litigation in Virginia

Parked car totalled

Our car was sitting at the curb, parked legally. Was rear ended by 18 year old doing faster than 25 mile speed limit. Told police officer that he took responsibility for the accident. Our car was totalled. We both had the same insurance company. We claimed it on his insurance policy. Insurance company only gave us 80% of blue book value. Can we sue the 18 year old, or his parents, for the 20% loss we have incurred? Eighteen year old is on the parents policy and car he hit ours with is in the mother's name.


Asked on 7/05/01, 8:02 pm

1 Answer from Attorneys
Bruce Marshall Durrette, Irvin & Bradshaw, P.L.C.

Re: Parked car totalled

Absent som unusual wear and tear, your collective insurance company should have given you more like 100% of the Blue Book value. Yes you may sue the 18 year old if your insurance company doesn't do right by you UNLESS you have signed a document releasing the driver.

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Answered on 7/06/01, 11:46 am


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