What damages/compensation am I entitled to if I was in an accident in which another driver hit my car, ran me into a guardrail and totaled my truck?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What damages/compensation am I entitled to if I was in an accident in which another driver hit my car, ran me into a guardrail and totaled my truck?
It was through malicious intent and he was charged with vehicular assault and/or assault and was taken by the police from the scene (although not taken to court yet). My truck was completely paid off and I had no intention on getting a new vehicle for a very long time to save money. Is it possible to take this to court and sue for more than just the value of my truck? This would include things such as opportunity costs in which has effectively forced me into debt to buy a new vehicle.
Asked on July 9, 2015 under Accident Law, Ohio
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
No, unfortunately in terms of property damage, all you are allowed to get is the then-current value (fair market value, or blue book value) of your truck; the law makes the wrongdoer compensate you for the value of what he damaged or destroyed, but does not make him buy you a newer, better one. If you have insurance which has already paid you for your truck, all you could get in this regard is any out-of-pocket (not reimbursed by insurance) amounts, like a deductible.
If you missed work due to not having a truck, you may be able to recover lost wages--e.g. for the day of the accident and possibly a few days more, until you got a truck, if you needed your truck for work.
You could also seek any other unreimbursed costs, like any towing fees; taxis or public transit, if you had to take such for a while, etc.
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.