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Im sure what to do about this?

So basically last night I parked in front of my friend Justins house and went inside to say hi to a few people there, when all of the sudden we heard THE WORST noise I have ever heard in my life. We all ran outside to see my poor poor car in the street and pieces of it all over the place. We found the girl that hit me a few houses down in complete shock. She is 100% okay minus bruises, not even a cut. To tell you the truth, I cant believe shes not dead. It turns out that she was driving, and decided to text message her friend(which is by the way illegal here in California) and she ended up swerving and slamming my car in the front, throwing it 45 feet. Then she flipped a couple of times, took out two fences, five mailboxes, a tree, AND a fire hydrant before landing upright in someones front yard. Needless to say, both cars are totaled. The entire passenger side of my car is gone minus the frame work. The axle was on the other side of the street, and the engine is literally in half, not mention the interior of my poor baby.
Im just glad the moron is okay, and I hope she learned her lesson. She was going 70 is a 45 zone. She 20 and Im 17, and yet I still act more responsibly than she did.

So on to my question: My granmother,(who bought the car for my 16th birthday) is still making payments. So by time we get the insurance check for what the car is worth and pay it off, there wont be enough left for a new car. There absolutely NO WAY for me to get another one. We just cant afford it. So basically Im screwed out of a car thanks to her being stupid.

I guess what my question is, is if I were to get a lawyer, could I sue her for the cost of my car? She was breaking two laws and driving extremely recklessly. And now Im out of a car due to it. Is there anything I can do? Im glad shes okay but Im extremely angry that she has screwed me like this, ESPECIALLY because I did absolutely nothing wrong. Thank you, I know it was a long question.
Additional Details
Yeah thats what Im thinking. I understand the way the insurance works, Im wanting to sue her for her sheer stupidity. She has screwed me big time here and I want her to pay. I have no way to get another car.


    




dharris3143
i see what you are saying. its not a question about insurance companies its about suing her due to her stupidity. i would at least make sure you have a case. If you have physical damages to your person or if your car was the only way to work which put food on the table and paid bills you would have a case. I would see a lawyer. Worst case it would cost you 200.00 to review the facts.


Lt1
Rating
Her insurance company should be paying the bill, not yours. If her company doesn't pay the car off, you should have an "underinsured motorist" portion in your policy to make up the difference.

Either way, it's her insurance company's responsibility to pay for your damages.


hmitchel
Rating
You are entitled to the value of the car that she destroyed. Unfortunately it sounds like it will go to pay off the loan on the car and there will not be enough left over to replace it. Unfortunately there is nothing more that you are entitled to out of the deal unless the car was worth more than what your grandmother owed on it, in which case you are entitled to the difference.


LovesTheConstitution
Your insurance should not be paying for any damages. The insurance company for the driver should pay for the replacement value of your vehicle (not just what is owed on the car loan).

Consult your attorney to see what options you have if her insurance is reluctant to pay.


parsnipianna
Rating
Sorry, no.
The way it works is her insurance company gives you what the car was worth when it was totaled.

That's exactly what we pay insurance companies to for us; protect us from the costs of causing an accident.

You can't sue her for more than the car is worth.


Callypso
Her insurance should be paying you too, not just yours. If she doesn't cover the costs of the damage/car you can definitely take her to court, and she WILL be ordered to pay.


Michael C
You can get her to pay for the value of your old car. Part of that money will have to go to paying off the loan you (or your grandmother as the case may be) had on the car. The rest you can use as a down payment on another car. Then you or your grandmother can make the payments they would have made on the old car for the new car.





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