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Delta-Lawyer
Delta-Lawyer, Attorney
Category: Legal
Satisfied Customers: 3546
Experience:  10 years practicing IP law and general litigation
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Several months ago I was run into by a truck driver and s

Customer Question

several months ago I was run into by a truck driver and his PU. My auto was a total wreck according to the dollar costs for restoration. The damage was all about body work, glass, head lamps etc., no motor of frame damage.
I opted to take the settlement in cash for the totalled vehicle as well as retain ownership of my vehicle. I had the restoration done on my vehicle. The costs outside the repairs amounted to less than three thousand dollars which I paid the collision center. I was also without the use of my car for over two months.
Can I take the offending driver into small claims court to recover these collateral costs.
My auto is a Mercedes 300E, diesel and could not be replaced for the amount the insurance company had judged to be a fair price.
My auto is performing 'like new' and I am satisfied with my decision.
***** *****
po bx 1166
Chehalis, wa 98532
(###) ###-####
Submitted: 1 year ago.
Category: Legal
Expert:  Delta-Lawyer replied 1 year ago.

Can I take the offending driver into small claims court to recover these collateral costs?

The short answer is yes, though you may run into a valid defense that you waived any and all right to sue by taking the settlement. Look at the language of any settlement documentation that you signed when you accepted payment. More likely than not, it contains a waiver of future rights to sue. If it does contain that language, then you will likely be barred from winning a suit as it would be dismissed.

However, if you signed no waiver or anything that you did sign does not bar a future suit against the driver individually, then you can and should file this suit to recover your ancillary damages.

Let me know if you have any other questions or comments.

Please also rate my answer positively as well.

Best wishes going forward!

Expert:  Delta-Lawyer replied 1 year ago.

Let me know if you have any other questions or comments. I want you to be as comfortable as possible moving forward. Thanks!