Can we sue the driver at fault for replacement cost? 2 Answers as of February 02, 2012

My wife was in a accident and the at-fault driver admitted liability and their insurance company is offering me the value of the vehicle minus a salvage the amount. I was wondering if we can sue the at fault driver for replacement cost or cost of repair and not have to salvage my vehicle?

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Attorney at Law | Ernest Krause
Surely your claim would fall within jurisdiction of Small Claims Court. But, it is up to the driver's insurance company to defend him/her. Talk with the claims examiner for the insurance company. What about your insurance company? Maybe it should pay you off and it will get payment from the other insurance company.
Answer Applies to: California
Replied: 2/2/2012
The Law Office of Harry E. Hudson, Jr.
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
I do not understand the offer from the other driver's carrier. You are entitled to compensation for your loss, all of it. Less salvafge value would only be applicable if you were going to keep the vehicle.
Answer Applies to: California
Replied: 1/31/2012
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