Can I sue the other driver if they were at fault? 28 Answers as of June 03, 2013

I was in a car accident and my insurance company has determined that my vehicle is a total loss, but the amount of money given to me for the car is not enough to purchase the same vehicle again. The other driver was found to be at fault. Can I sue her (her insurance company) and, if so, what am I entitled to?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Dearbonn Law Offices
Dearbonn Law Offices | Ajibola Oluyemisi Oladapo
Yes, you may. Entitlement damages for the loss of the vehicle.
Answer Applies to: Washington
Replied: 10/27/2011
Lacy Fields, Attorney at Law, LLC
Lacy Fields, Attorney at Law, LLC | Lacy Fields
Yes, the other driver's insurance company should be paying you, but they are only required to pay you for the value of your vehicle. So get a copy of their estimate. They may have taken off money for high mileage, pre-existing damage, etc. Also they only have to give you a check for the value of the car, so if you are upside down on it (you owe more than it's worth due to your car loan), then you will be responsible for the balance.
Answer Applies to: Missouri
Replied: 10/26/2011
Patrick M Lamar Attorney
Patrick M Lamar Attorney | Patrick M Lamar
You can sue the other party. You will be entitled to medical costs, pain, suffering and property damage. However, the diminution in value claim for the car may be difficult.
Answer Applies to: Alabama
Replied: 10/26/2011
Paul Whitfield and Associates P.A.
Paul Whitfield and Associates P.A. | Paul L. Whitfield
Sure. Any time there is a total loss of a vehicle you are entitled to the fair market value of the car at the time of loss. Makes no difference what you owe on the car or what a "new" car costs. Several computer sources can give you ranges of value based on age and condition. Car Max can do the same. Reading the ads in the newspaper may give you what you need.
Answer Applies to: North Carolina
Replied: 10/26/2011
Law Offices of Kenneth Wincorn P.C.
Law Offices of Kenneth Wincorn P.C. | Kenneth Wincorn
Yes if you have not released her when you settled your claim.
Answer Applies to: Texas
Replied: 10/26/2011
    Aaronson Law Firm
    Aaronson Law Firm | Michael Aaronson
    Yes, if the other party was at fault you should be able to recover the damages to your car, plus any other legally recognized damages, such as medical bills, pain and suffering, etc.
    Answer Applies to: Texas
    Replied: 10/26/2011
    The Lucky Law Firm, PLC
    The Lucky Law Firm, PLC | Robert Morrison Lucky
    Unfortunately, in Louisiana when a vehicle is deemed a total loss, the at-fault driver and his insurance company are liable to you for the actual cash value of your vehicle. If your insurance company paid you for the value of your vehicle, then the at-fault party and his insurance company are responsible for reimbursing your insurance company for what it paid, plus reimbursing you for your deductible. You cannot sue the at-fault party or his insurance if you have already been made whole by your insurance company.
    Answer Applies to: Louisiana
    Replied: 10/26/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    No. If you had collision and were paid, then you cannot sue.
    Answer Applies to: New York
    Replied: 10/25/2011
    Ewusiak & Roberts, P.A.
    Ewusiak & Roberts, P.A. | Christopher J. Roberts
    Yes, any damages you sustained can be made part of a lawsuit against the at-fault driver. You can seek recovery for the replacement cost of your vehicle, rental car charges for time that you did not have access to the vehicle and any other damages that reasonably flowed out of the accident.
    Answer Applies to: Florida
    Replied: 2/17/2012
    Attorney Paul Lancia
    Attorney Paul Lancia | Paul Lancia
    Yes.
    Answer Applies to: Massachusetts
    Replied: 6/3/2013
    Bulman Law Associates PLLC Injury Law Firm
    Bulman Law Associates PLLC Injury Law Firm | Thomas Bulman
    Sue the bad driver in the Justice Court, which has jurisdiction up to $12,000.
    Answer Applies to: Montana
    Replied: 10/25/2011
    R. D. Kelly Law Firm, P.L.L.C.
    R. D. Kelly Law Firm, P.L.L.C. | Robert Kelly
    A person injured through the negligence of another is entitled to be made whole - to have all of the damages repaired, the bills paid, the pain compensated, etc. If an insurance company offers less than full value of a claim (as they often do), you should not accept it. Litigation can be a realistic alternative. Retaining an attorney is almost always a good idea.
    Answer Applies to: Washington
    Replied: 10/25/2011
    Buff & Chronister
    Buff & Chronister | G. Scott Buff
    If your vehicle is a total loss, you are entitled to the fair market value of your vehicle as of the date of loss. If the insurance company will not offer you enough to replace your vehicle, then you can sue the at fault driver. You would not sue the insurance company directly. The judgment you receive will be paid by the insurance company up to the insured's policy limit.
    Answer Applies to: Georgia
    Replied: 10/25/2011
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    You can sue only up to the amount of your deductible not exceeding $500 unless they had PLPD.
    Answer Applies to: Michigan
    Replied: 10/25/2011
    Parks Law Group
    Parks Law Group | Melinda J. Parks
    Typically, your insurance company will seek reimbursement from the at-fault party's insurance company for property damage. So, even if you were able to recover from her company, you would most likely have to re-pay your company for what they've already given you. You can, however, sue the other driver for any bodily injuries you sustained.
    Answer Applies to: Alabama
    Replied: 10/25/2011
    Bernard Huff, Attorney/Mediator
    Bernard Huff, Attorney/Mediator | Bernard Huff
    The facts are insufficient to determine your full entitlement and do not reflect that you incurred any physical injury from the accident. However, in order to seek and obtain a complete recovery, you should retain an accident or plaintiff's personal injury lawyer
    Answer Applies to: Indiana
    Replied: 10/25/2011
    Broad Law Firm, LLC
    Broad Law Firm, LLC | Donald K. Broad
    When you are in an accident and someone else is at fault, you generally can sue them within the applicable statute of limitations (2 years in Indiana). Assuming that you prove 100% fault on the other driver, you are entitled to 100% of your damages. In a property damage case where your car is damaged, you are entitled to the cost of repair of the vehicle or the value of the vehicle if the cost of repair exceeds the value (being "totaled"). If your insurance company has already provided you the value of the vehicle, there is nothing else to recover from the other driver.
    Answer Applies to: Indiana
    Replied: 2/20/2012
    Craig Kelley & Faultless
    Craig Kelley & Faultless | David W. Craig
    Your e-mail doesn't say anything about being hurt so I assume that you're not and your question is directed solely towards your property damage claim. You are entitled to the lesser of the cost of repair to your vehicle or the fair market value of the car. So if it is cheaper to fix the vehicle then the insurance company has to repair the vehicle. However if the vehicle is worth less than the cost of repair the insurance company is under no obligation to repair. It only has to pay you the fair market value of the vehicle. The amount owed on the vehicle is not relevant to what is owed by the insurance company that insures the person who it you. You would also be entitled to tow bill, storage bill and for the reasonable loss of the vehicle while it is being repaired or while you are waiting to get the fair market value check.
    Answer Applies to: Indiana
    Replied: 10/25/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    you may sue and are entitled to recover the entirety of your loss.
    Answer Applies to: California
    Replied: 10/25/2011
    Law Office of Mark J. Leonardo
    Law Office of Mark J. Leonardo | Mark Leonardo
    You can sue the other driver for your injuries (medical expenses, pain & suffering etc.). If you settled for the property damage on your car with your own carrier, I do not believe you can go to the other drivers carrier to get more money. In fact, your carrier will subrogate the claim against the other drivers carrier. This means they will make a claim to get reimbursed from the other driver. If they get money, you will get your deductible, but thats it.
    Answer Applies to: California
    Replied: 10/25/2011
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    If your own insurance company paid you for the loss to your car (less your deductible, of course) then your insurance company is subrogating against the at fault driver, so they get to reclaim their money, not you.
    Answer Applies to: Florida
    Replied: 10/25/2011
    Link & Smith, P.C.
    Link & Smith, P.C. | Houston Smith
    You are entitled to the fair market value of your vehicle. You can bring suit against the at fault driver in small claims court to recover the fair market value of your car.
    Answer Applies to: Georgia
    Replied: 10/25/2011
    Joel H. Schwartz, P.C.
    Joel H. Schwartz, P.C. | Steven A. Schwartz
    You are entitled to only the book value of your car. As a suggestion, you can also get quotes from local dealers to try to find the best evaluation of your used car to get you as much as you can. As far as suing the other driver, you may have a claim for pain and suffering if you are injured. You should contact an experienced personal injury lawyer in your area for a free consultation.
    Answer Applies to: Massachusetts
    Replied: 10/25/2011
    The Law Office of Stephen R. Chesley, LLC
    The Law Office of Stephen R. Chesley, LLC | Stephen R. Chesley
    If you do not accept the settlement of the insurance company you would be entitled to sue the owner. However the insurance company would represent the owner. Since you are concerned about property damage only, you would only be entitled to the cost of the repair or the value of the car whichever is less.
    Answer Applies to: New York
    Replied: 10/25/2011
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    You are entitled to be compensated for your loss. Your insurance company has determined that the value of the car is less than what you thought it was. You can try to sue the driver of the other vehicle for the difference, but you will have to produce documentation as to the value of the car.
    Answer Applies to: New York
    Replied: 10/25/2011
Click to View More Answers:
12 3 4 5 Free Legal QuestionsConnect with a local attorney