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The claim might cover the remaining balance of my total loss car, but i need additional compensation to cover my next car.

Los Angeles, CA |

Can I sue the other party who is at fault on the accident to compensate me the additional fund for my next car? Or do I go through this with the insurance? I am currently unemployed and could not effort to get another car. The party at fault was only temporarily insured by their auto dealer. I do not know if their insurance will be able to cover all the damages on the totaled loss car too. Please help me out!!! Greatly appreciated!

Attorney Answers 6


  1. If your car was totaled, you are entitle to its fair market replacement value - the balance on your loan or the cost of a different or newer car are not really relevant. If you can get the insurance company to pay you what you feel is the fair value of the car you lost, you should accept it, but if you are convinced that they are low-balling you, you are free to sue the other driver in small claims court, for up to $10,000. There are forms online or at the courthouse that you can fill out to do this. Be prepared to provide the judge would good evidence of the condition and value of your car - the court staff might be able to give you information on how to prove your case.
    Keep in mind that if you settle with the insurance company you are most likely barred from suing the driver; you probably cannot take the insurance check and sue for more.


  2. Contact your own insurance as well if they don't pay for all.


  3. I agree that you should contact your own insurance company for advice and help.

    Call for a free consultation at 727-937-1400 or visit us on the Web at www.serviceandjustice.com.


  4. if you carry collision coverage use your insurance. You are entitled to receive market value which may be less than you owe- leaving you upside down. Check to see if you have GAP insurance on your financing- this will cover the difference.


  5. In general, you are entitled to the fair market value of your car, plus sales tax & registration fee, not a replacement car. If you go through your insurance, you can still claim your deductable if any from the other party.


  6. As the other attorneys have explained, you should contact your insurance company regarding your inquiries. Best of luck.

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