Can they sue me for more than blue book value in the accident? How? 9 Answers as of May 18, 2015

I was at fault in a car accident in which two other cars were completely totaled. The insurance co-paid the blue book value for both cars. However, one of the drivers owed more on his car than the blue book value. Can he come back and sue me?

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Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
Not in Michigan.
Answer Applies to: Michigan
Replied: 5/18/2015
End, Hierseman & Crain, LLC | J. Michael End
He can sue you for his deductible, but that is all (assuming he was not injured in the accident). His insurer can sue you for the money it paid to its insured, but the driver can't sue you for what he owed on the car, since he has already received everything he was entitled to get from his own insurer, other than his deductible.
Answer Applies to: Wisconsin
Replied: 5/15/2015
Stephens Gourley & Bywater | David A. Stephens
He cannot if the insurance company got a signed release for the money the company paid him.
Answer Applies to: Nevada
Replied: 5/15/2015
Law Offices of George H. Shers | George H. Shers
Your liability is the cost of repair or fair market value of the car which ever is less.
Answer Applies to: California
Replied: 5/15/2015
James E. Hasser, Jr. P.C.
James E. Hasser, Jr. P.C. | Jim Hasser
If they have been paid for the property damage, they probably signed a release for property damage claims in which they agreed not to sue you. In the unlikely event that they didn't sign a release, they could sue you but they probably wouldn't win for a property damage only claim unless they come up with evidence that their car was worth more than Blue Book. The law in Alabama is clear that they are only entitled to the value of the car or the cost of repairs, whichever is less. Now, they can sue you for personal injuries if they had any. If they sue you, the insurance company will defend you and pay and settlement or judgment rendered up to the limits of your policy.
Answer Applies to: Alabama
Replied: 5/15/2015
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    He can come back and sue you for other kinds of damages, such as medical expenses, lost wages, pan and suffering, etc. The victim's insurance company could also sue you. But on account of the car, it seems to me can only sue for the value of what was destroyed and can be attributed to your negligence. Good Luck.
    Answer Applies to: Wisconsin
    Replied: 5/14/2015
    Law Ofices of Edwin K. Niles | Edwin K. Niles
    No, because the insurance would not have paid without getting a release.
    Answer Applies to: California
    Replied: 5/14/2015
    Ty Wilson Law | Ty Wilson
    Yes, unless the insurance company gets a release signed from the driver stating they will not come after you.
    Answer Applies to: Georgia
    Replied: 5/14/2015
    Gregory M Janks, PC
    Gregory M Janks, PC | Gregory M Janks
    In Michigan, if you have insured your vehicle as required by the law, then you can only be sued for up to $1,000 for "mini-tort" as to any uninsured loss (as each vehicle owner is supposed to insure their own vehicle for collision damage or bear the loss personally if they choose to not carry collision coverage). If you were uninsured this protection doesn't apply. You should see if your own insurer has any coverage applicable to mini-tort or the "gap" in coverage; as well as having the person with the gap, check to see if they had gap coverage.
    Answer Applies to: Michigan
    Replied: 5/14/2015
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