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Can I sue? If so, what may I sue for?

Newport News, VA |

My car was parked when it was hit along with two other vehicles. The driver of the vehicle that hit the cars got out of his vehicle and left the scene. A police officer left the scene claiming he knew where the suspect went. The officer did not return, nor did he radio for back up. I have the vin number of the suspects car, which had temporary plates. I gave this information to my insurance company. They have denied the claim stating that the suspects policy was not in effect. I still do not know who the suspect is. On top of that, my car was totaled.

I have collision coverage. My car was totaled by my insurance company. The claim with the suspect's insurance (which is the same as mine) was denied.

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Attorney answers 4

Posted

From your question I can only assume that you do not have collision coverage on your car. If that is correct, then your only option is to sue the driver in small claims court for the reasonable value of your car on the date it was totaled.

Good luck.

DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.

Asker

Posted

Thank you very much. I do have collision insurance. My insurance company totaled my vehicle. It was found out that the suspect and I have the same insurance company, and they denied the claim against the suspect

David J. McCormick

David J. McCormick

Posted

Then your policy will pay for the car, minus your deductible. Your insurance company will then go after the other driver for the full amount of the damages and refund your deductible when they are paid. Good luck.

Posted

My esteemed colleague is correct, if you do not have a full-coverage policy, you may have to sue the driver of the other vehicle. Obviously, this will be very difficult if you cannot locate the driver. You may want to contact a local attorney for help, but many attorneys do not take property damage only cases. In the future, I recommend keeping full coverage on your vehicle to handle situations like this one.

Posted

Your likely best option is to sue the other driver in small claims court.

Asker

Posted

Thank you for your comment

Posted

Your insurance company should pay you fair market value for your car.

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