Can I sue someone after a car accident?
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Can I sue someone after a car accident?
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I was in a car accident, other persons fault. My car is totalled. The insurance company wont cover the entire cost of what my loan is. Can I sue the guy that hit me for the difference? Or are there any other ways to get that money?
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Luna & Lawnboy
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You are only entitled to the Actual Cash Value of your vehicle(Replacement minus Depreciation).
Contact the claims rep and ask for the breakdown of the offer. Make sure that they have all of you vehicle options and the mileage is correct. What condition did they run the ACV through as, Excellent, Good, Fair or Poor? Did they deduct for Old Damage? All of this can effect the ACV.
If you have an arbitration clause on your policy, you and your insurance company can agree to a third party arbitrator at a shared cost. The arbitrator will determine the ACV.
Do you have GAP coverage?
Yes, you can sue the at-fault party, but he will just refer the complaint over to his insurance company. The insurance company will get defense counsel involved. You are still only entitled to the ACV from the third party. The other party's insurance carrier is not obligated to pay off your loan either. |
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Marc
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Not his fault that you owed more money than the car is worth. You could sue but you would lose. Why should they be penalized for you being financially inept. |
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Draco27
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There is this thing call Gap Insurance, it is available when you purchase a vehicle. If you are not offered the Gap Insurance, then ask for it. It will cover a situation like this. Most of the vehicles on the road today are worth less than what's owed on them simply because people are always trading off before a vehicle is paid down to a reasonable amount. I would think it depends on the state you live in, but I know in Virginia you can't. Unless you're hurt for life and will exhaust the Auto Insurance coverage of the other driver, there is no way you can sue for the excess money owed. Next time you buy a vehicle ask for the Gap Insurance, normally it doesn't cost anymore than $500 - $700 and it's added into your loan. |
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Lyndsay S
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It depends on your insurance policy and the other person's policy.
Are you in Canada? That's the only way I could help.
Let me know. |
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SquishyVishy
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With that serious of an accident I assume that the police were called. The person that hit you should be required by law (depending on where you live) to pay for your damages, and you should not receive any points on your license. |
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Kristin R
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Yes you can. And if it was the other persons fault THEIR insurance should have covered the accident. And if they dont have insurance... yes yes yes! You can sue them. My brother is in the middle of a case against someone that totalled his truck! |
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thejoker8301
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Im going through the same problem. sorry about what happened to you. if possible can you add more details...that way others can see how much you can sue for if possible. |
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