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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 111467
Experience:  Attorney experienced in commercial litigation.
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I was in a car wreck. Found not at fault. I have incurred

Customer Question

I was in a car wreck. Found not at fault. I have incurred debt due to my car being totaled out and having to get another car immediately with no help from insurance. I had to take out loans from my father and my land lord plus pay the 1k that was left on the loan for my car that was totaled out. Can i sue for the loans amd that 1k? I'm in Tennessee.
Submitted: 1 year ago.
Category: Consumer Protection Law
Customer: replied 1 year ago.
Also, it is a requirement of my job that I have a safe and reliable vehicle. The Department of Intellectual Disabilities also requires that. No car means no job for me. Losing my car put my job at risk. I had to get another car asap in order to keep my job.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Did the other driver's insurance pay you on your claim?
Customer: replied 1 year ago.
As of right now nothing has beem paid. My insurance company has not gone to subrogation yet, but I will not get any money as my car was fiananced amd my insurance company sent a payment toy credit union for the car.
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

Unfortunately, insurance payments for a car accident by law are the actual costs of the vehicle based on book value of the car at the time of accident. There are always, in all accidents, some uncovered expenses that end up not paid by insurers. You can sue the driver for the losses not covered by insurance in small claims court to seek to recover those damages that you can prove you actually incurred.

Customer: replied 1 year ago.
Ok. So I can't sue for the thousand I had to pay that was left on the car, but I can aue for the debt I incurred in order to get another vehicle?
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

I am afraid that debt is unreimbursed expense that happens in every accident and it is not recoverable.

Customer: replied 1 year ago.
Darn.
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

I get so many customers who have been in accidents and are now stuck with a new car note when their cars are paid off and unfortunately, the only thing they are ever entitled to is the value of their car that was damaged, but these unreimbursed expenses are just something everyone in one of these accidents is liable for, since they are getting another car and the benefit of use of that other car that is why the law does not make any provisions for additional recovery.

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