Can I sue an at-fault party for vehicle repairs if my insurance won't pay for them?
"My insurance company deemed my vehicle a total loss. They are valuing my car at $2000 and repairs are $3500. I can't afford a new car with $2000.
Can I sue the other drive to try and get the repair money?"
“When a car insurance company deems your vehicle a total loss, they determine the actual cash value of your vehicle. This number includes depreciation. If the cost to repair it is more than it’s worth, they’ll pay you the actual cash value.
If you pursue legal action against the other driver, you’d only get the actual cash value of your vehicle.
When your insurance pays out a claim, they try to recover costs from the at-fault driver’s insurance. This means they’re likely only going to pay what your insurance was willing to pay. If you do sue, the amount you take home may end up being even less after your legal fees.
If you want to keep your vehicle, you may be able to settle with your insurance company. You’ll likely receive less than the vehicle is worth, have to pay for the repairs out of pocket, and register your vehicle as salvage.”
Did this answer help you?
Ask us a question by email and we will respond within a few days.
Have a different question?
You can meet us at our office and discuss the details of your question.
Browse by topics
What others are asking
Do I have to keep paying off a car loan if the car dies?
"I've had a car for some time, but it's on its last legs. When the car inevitably dies, do I have to keep paying the car loan?"
Jul 27, 2021
Why won't my car insurance pay for a cracked windshield?
"I have full coverage and thought comprehensive covered cracked windshields. My insurance company is saying I need to pay my deductible of $500 first. Why won't they cover it?"
Jul 27, 2021