Can I sue the motorist who caused the accident?

Question

A car went through a red light and ours is a write off. His insurance is accepying liability. My wife was also in the car at the time - thankfully she was unhurt. However she had just had a brain biopsy for a tumour, and was about to have a lung removed for lung cancer. So we were pretty shook up.

I am peeved as well...all I will get back is the market value of our car. We had no intention of selling to buy another car. We will not get enough to buy a new car - I feel safer for myself and my family in a new rather than a second hand car. It was the airbag in the car which saved us from injury.

As he committed a crime, am I in my rights to sue him for further damages?

Answer 1

If you are interested in the safety of your family (and not just getting a new car) there are plenty of options for you in the used car market. Airbags have been around for years and are in most quality used cars nowadays. Be careful in checking the safety standards for the cars you are considering, and although it may be tempting to go for an SUV, they are actually more dangerous than passenger cars due to rollover risks:

http://www.brainandspinalcord.org/spinal...

Answer 2

You can sue for actual losses, but not for a new car.  Insurance is designed to put you in the same place after the accident as before, and you didn't have a new car so you can't sue for a new car.  

You state she was not hurt, so there is no claim there, either.

Sorry.

Answer 3

what further dammages would you sue for? you're getting the value of the car, and luckily noone was hurt....

Answer 4

You will get the actual cash value of the vehicle.  What else did you expect?  

A brand new 2009 Cadillac Escalade?!?