I had a car accident,other drivers fault,can I sue for more than they gave me?

Question

A guy pulled out in front of me and totaled my 1996 chevy Lumina. I had a loan at a finance company with my car down as collateral.They paid my car loan off but that was all and leaves me with no money to buy another car of any kind.Can I sue someone just for enough to get me something to drive.Its been 2 weeks and I think I might have a hip injury,it was a pretty bad wreck,they were going to the hospital but then refused help. I think they may have been charged with illegal drugs and wander what I can do. I have nothing to drive at all and can;t afford another car payment.What can I do?We both have the same kind of insurance just different counties.I've never had a wreck before and just don't know what to do!!His insurance also has to pay the city for fire hydrant damages and sign damage so why can't someone give me a little extra so I can have something to drive??Please help. Thank you Tammi

Answer 1

The most they have to pay, is the actual cash value of your car - what it's worth.  That loan isn't THEIR problem.  

If their insurance company paid what your car was worth, you can't sue them for more.  You don't get TWO cars out of it, you only get ONE, the one they totalled.

Answer 2

Did you have insurance?  I'm assuming you meant your insurance company paid off your car loan and nothing else.  

First, you probably signed a release with the insurance company in order for the car to be paid off.  If you signed a release, it is a legal document, and you can't sue anyone.  Well, you can, but it will be thrown out of court, and you will be out quite a bit in filing fees, etc.

If you are injured, go to the hospital.  Just because your property damage claim is closed doesn't mean your injury claim is closed.  Injury and property are two different claims.

As far as "a little something extra," that just doesn't happen.  They give you actual cash value for your car, not enough money to buy a new car.  It doesn't work like that.  

If they were caught driving under the influence at the time they hit you (which is sort of what you state in your question, but I'm not sure), you might be able to collect punitive damages on your injury claim.

But remember, in order to have an injury claim, you must actually have a physical injury that is related to the accident.

Answer 3

Don't do a low life thing if you're not really injured. I had a wreck myself. Put yourself in their shoes.  If you're injured for real, seek care but don't try to jeopardize someone else for something that was not intentional.  How much was left on your loan? The reason you did not get back money is because the value of the car was either the same or less than what the loan was. The car is worth around 1800 in Excellent condition. If your loan was more than that, be happy, if less than 1600, then complain.

Doesn't matter what county he's in. His insurance is responsible for your loan and whatever money IF any is leftover to give to you and also provide you a Rental for about 2 weeks. If you're really injured and what not, they're responsbile for medical bills. If the other driver was negletful (speeding, drinking, etc) then he's responsible for the city, courts, and you if you seeked reimbursement only if he was arrested for those things which hampered his driving.

Answer 4

well you CAN sue anyone for anything.  does that mean you actually have a case and will win? No.  since the insurance paid off your car and you accepted it, then you signed a settlement.  If you were injured go the doctor and file a bodily injury claim and they should pay your medical bills.  unfortunately there is not a lot you can do other than take out a loan to buy yourself a new car.