Can I sue the at-fault driver of an accident to make up for the difference if their insurance company did not pay me enough to replace my car with a car of equal value?
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Can I sue the at-fault driver of an accident to make up for the difference if their insurance company did not pay me enough to replace my car with a car of equal value?
Asked on June 16, 2015 under Accident Law, Florida
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
If you accepted the settlement offer for your property damage from the at-fault party's insurance carrier, you signed a release of your claim and cannot sue the at-fault driver for your property damage.
If you rejected the settlement offer for your property damage from the at-fault party's insurance carrier, you can sue the at-fault party for negligence and try to recover additional compensation for your property damage.
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