If your in an accident and the other party is liable, can you sue if they want to total your car and you just want it fixed?
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If your in an accident and the other party is liable, can you sue if they want to total your car and you just want it fixed?
Asked on September 18, 2015 under Accident Law, Washington
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
You can reject the property damage settlement offer total loss and sue the at-fault party for negligence.
You will need to mitigate minimize damages when the car is repaired by selecting an auto body shop whose fees are comparable to other auto body shops in the area. If you were to select the most expensive auto body repair shop you could find, you have failed to mitigate damages and your damages will be reduced accordingly.
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