The insurance company has totaled my car and the amount they will pay will not buy me a new car. I can not afford a new car right now. I was not at fault in the accident. Should I sue to recover more damages?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

The insurance company has totaled my car and the amount they will pay will not buy me a new car. I can not afford a new car right now. I was not at fault in the accident. Should I sue to recover more damages?

A lady hit me form behind and damaged my car.

Asked on April 19, 2018 under Accident Law, Tennessee

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You can sue, but might not be able to recover more than you are already getting. When your property or vehicle is destroyed, you are entitled to its then-current fair market (or "blue book") value: that is, your compensation is equal to the value of what was destroyed. If a used car worth, say, $8,000 at the time was totalled, you lost $8,000 of value; that's therefore what you are entitled to. The fact that you may need more money or that the compensation is not enough to buy a new car is irrelevant, since those facts have nothing to do with the vehicle destroyed or the amount of economic value you lost. If you have received the full then-current fair market value for the car, you have received everything to which you are entitled, and suing will not get you anything more. If you received less than the then-current value of your vehicle, you could sue for remaining balance: e.g. say that your car was worth $9,000, but you had a $1,000 deductible and so received $8,000--you could sue for the extra $1,000.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption