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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33736
Experience:  Began practicing law in 1992
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My car was damaged by an insured motorist yesterday while it

Customer Question

my car was damaged by an insured motorist yesterday while it was parked at my work location All the insurance work is in motion. is there any thing i need to know before i sign any paper work.
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: ms.
JA: Has anything been filed or reported?
Customer: yes complete poilce report and i have a meeting scheduled tuesday withan adjuster due to the age of my car i think they will want to total it even thought it is still usable
JA: Anything else you want the lawyer to know before I connect you?
Customer: it was parked in the area designated by waLmart for employees, is walmart any way liable?
Submitted: 8 months ago.
Category: Legal
Expert:  Dwayne B. replied 8 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

Expert:  Dwayne B. replied 8 months ago.

The question you ask "is there anything i need to know before i sign any paperwork" is extremely general and the only thing I can think of that applies across the board is to tell you that when you are paid for your car then you will sign a release which doesn't allow you to seek any additional damages. If you are unwilling to sign the release then they likely won't pay.

As to whether WalMart is liable, it is extremely unlikely that WalMart would be liable under your facts just because they have a designated section where you are supposed to park your car. If they had you park too close to construction and your car was then hit by something that fell off the building, for example, then you might have a claim against them but when your car was struck by another driver I can't think of a scenario that would hold them responsible.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered.

Customer: replied 8 months ago.
can i sue the other driver for enough to replace my car? we are in Ms.
Expert:  Dwayne B. replied 8 months ago.

Sorry for the delay, this question was marked as closed a little while ago when I looked.

You can sue the other driver, however the value of the vehicle is the "reasonable market value at the time the wreck occurred" not what is owed.

Expert:  Dwayne B. replied 8 months ago.

If the reasonable market value is the same as what it would cost to replace it then a lawsuit will work.