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CALawyer
CALawyer, Lawyer (JD)
Category: Legal
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Experience:  Graduated Magna Cum Laude (Law School), Graduated Undergraduate at 19 Years of Age.
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can i sue someone who hit my parked car the car was later

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can i sue someone who hit my parked car? the car was later totaled by her policy isn't enough to cover the total value of my car. Can I sue her for the balance?
This can be a somewhat complex situation.

If your insurance company pays the remaining value of the care, they would have a "subrogation" right to sue the person who hit it. They may choose not to proceed in a lawsuit against her. If your insurance company has made such payments to you, you would want to discuss your options with them thoroughly before proceeding with a lawsuit. If your insurance did make such payments, they may have a case against you if you interfered with their subrogation rights.

If you don't have an insurance company, or they won't pay the remaining value of the car, then you would be entitled to sue her for the remaining value of the car so long as you did not previously release her from liability. If the other insurance company is going to pay you, typically they would require some type of release so be careful not to release her from liability for the amount over the policy limit.

Alternatively, if you haven't gotten any money yet, you could sue her for the entire value of the car. Then her insurance company would be required to pay the judgment to the extent that it does not exceed the policy limit and she would be required to pay the balance (although it may be difficult to collect if she does not have a lot of assets).





If I failed to answer your question completely, please let me know and i will do my best to supplement my answer. I would also be glad to provide you any additional information that you request.

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Disclaimer: This is only an ADVISORY OPINION, intended to provide general and educational information. This is not legal advice. No attorney-client relationship is formed by answering this question, as such no duties of loyalty, confidentiality, or competence attach to the information herein. This opinion is not a substitute for hiring a qualified attorney advise you on a specific legal situation. The person answering this question may only give legal advice to his clients in states where he is admitted to practice.


Customer: replied 9 years ago.
well she hit two parked cars and her limit is not enought to cover both. we all have the same insurance company but they are trying to push me to go through my policy saying i would get more but it's still not enough to cover the loan on the car. they will only give depriciated book value with is atleast 5000 less than what i owe the bank. can i collect the money from my policy and still sue her for the remaining balance?
If you think that your insurance company is offering you less than the fair market value of the car, then you could haggle with them or potentially sue them for breach of contract/wrongful denial of claim.

The problem is that you are only entitled to either the replacement cost or the cost it takes to fix the car, whatever is less. The fact that someone else hit your car has pretty much nothing to do with the fact that you have a loan on the car. You can't sue and collect on a loan balance that is greater than the market value of your car. Alternatively, you could conceivably purchase a new car and keep making your loan payments as long as you have not agreed otherwise with the bank. Then you would be in the same situation before the crash.

The other problem is that, unless your insurance company is offering you less than the fair market value of the vehicle, then the amount they are offering is all you would be likely to get in a law suit.


If I failed to answer your question completely, please let me know and i will do my best to supplement my answer. I would also be glad to provide you any additional information that you request.

If this information was helpful, please click ACCEPT.

----------------------------------------------
Disclaimer: This is only an ADVISORY OPINION, intended to provide general and educational information. This is not legal advice. No attorney-client relationship is formed by answering this question, as such no duties of loyalty, confidentiality, or competence attach to the information herein. This opinion is not a substitute for hiring a qualified attorney advise you on a specific legal situation. The person answering this question may only give legal advice to his clients in states where he is admitted to practice.
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