Can I sue the party that totaled my car for the difference the insurance would not pay?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can I sue the party that totaled my car for the difference the insurance would not pay?
A girl was speeding out of an alley and totaled my car. The insurance accepted liability and she only had limited liability. My insurance paid me an amount because finding a safe car like mine was not possible. To find a car with low miles and well kept it took us an additional $10,000. Can I go after the person that hit us in a lawsuit?
Asked on April 26, 2011 under Accident Law, Washington
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
If your insurance check cleared and it stated anywhere that by accepting payment you extinguished your claim in total from both the insurance company and the insured, then no. But if you haven't extinguished your rights and the statute of limitations has not run, you can certainly attempt to sue keeping in mind that if she files bankruptcy, you pretty much will not be able to collect one dime from her. Seems here that you obtained what was legally supposed to be awarded to you by both your insurance company and the insurance company of the person who hit your vehicle. The insurance company (either one) really only has to pay the value at the time of the hit or replacement value at time of the hit but whichever is less. If you sue, the court will ask (and if she has counsel, she will bring in the fact) regarding insurance coverage and previous payments to you by both her insurance company and yours.
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.