Car totaled by drunk driver?

My trailblazer was totaled by a drunk driver on 12/19/08. Two of my daughters were in the car and their claim is being handled by a personal injury attorney. My problem is that I am upside down and will still owe 15k, once the insurance and i settle up. I also have out of pocket expenses for a rental car and missed work for the wife and I. I want to know if it is feasible for me to sue the driver for the amount of difference between the insurance and the remainder.
thanks for your help

peterthegreat

You need to get a lawyer on this matter. Technically, the insurance company is only required to pay you for the current market value of your car, not what you still owe on your loan. That's why it is important to have GAP insurance if you are upside down. It will be a tough go to try to make the drunk driver responsible for your upside down loan. He had nothing to do with your being in that situation and should have no responsibility for getting you out.

Bobby D

Just like you say, "My problem is that I am upside down and will still owe 15k". Let me give you an extreme example to your current situation. What if I went out and borrowed $100,000 on my car to make it look really nice. Does that mean that the car is worth $100,000? What if I borrowed 100 million dollars and fixed my car up? Does it mean that my car is worth 100 million dollars? What about if I spent 100 billion dollars?

My point is, there has to be a market worth for your car, so the insurance is just going to pay you what it would cost to find another car like that on the market?

You might be able to get lost wages, but I'm not sure about the rental car. If you get a judgment for the rental car, then it will probably only be a judgment for the cheapest rental car. So you might get a judgment for $30 a day for a few days, but they most likely won't grant you a judgment for a week plus. I mean, the judge is going to tell you, you should have put forth more effort in getting your life back to normal instead of playing around with a rental car.

Also, consider this, if the drunk driver is already being garnished by the state for fines or other businesses, then all you can do is get in line and wait for your turn in the wage garnishment.

Good-luck!

Ashleigh C

Don't settle and ask for advice from a different attorney, this way you're getting more than one opinion on the matter.

â™¥Loriâ™¥

I am not sure, I thought your insurance if you had full coverage took care of all of that. Did that person have insurance? maybe you should talk to the insurance adjuster first and if they don't give you answers you agree with then maybe contact a lawyer for some free advice they should be be apt to tell you if you have a case or not..Good Luck!

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