If I was hit by another driver and my vehicle is totaled, can I sue the at-fault driver for the difference of the amount paid out in the claim and the amount owed on my car loan?

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If I was hit by another driver and my vehicle is totaled, can I sue the at-fault driver for the difference of the amount paid out in the claim and the amount owed on my car loan?

Asked on March 14, 2019 under Accident Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, you cannot. The law does not care about what you paid or what you owe, because that is so variable: some people negotiate good deals, others don't; some people buy for cash, others finance (which increases costs); some get cars given to them (e.g. by family) or have trade-ins to reduce the price; etc. Rather, all the law gives you when your car is totalled is the then-current-value or "blue book" value of it, which is a consistent and fairly objectively derminable number. If you were paid the value of your car, that is all you are entitled to.


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