Can I sue the construction company for at least a down payment on another vehicle if their employee caused an accident?
Question Details: My daughter was driving our vehicle and was backed into by a construction vehicle. The construction company has taken full responsibility for the accident. However, now the insurance company wants to total our vehicle and pay off our current loan on the damage vehicle because they said the damage exceeds what the car is worth.
No, you cannot. When a vehicle is destroyed ("totalled": cannot be repaired economically), all you are entitled to is its then-current fair market or "blue book" value--i.e. you get the equivalent in money to the destroyed vehicle. If you are getting that from you insurer, you are not entitled to any more from anyone else, since you have been compensated. It doesn't matter what it would cost to get a new vehicle; that is irrelevant to the issue of the value of the destroyed car.