Can I sue for replacement of my car
I was rear ended in an accident. Now the other drivers insurance (mercury) has totaled my car, 97 Volvo 970 wagon. Who wants to payment $2,200 for my vehicle.I can't replace my vehicle for that, leaving without transportation.
No. You are only entitled to the Actual Cash Value of your vehicle. If the crash injured you, then you may be able to recover under that cause of action.
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You are limited as to what you can collect for damage to property. You may find it helpful to review the Legal Guide I have published on Avvo.com dealing with property damage issues, particularly damage to automobiles. You can access my Guide through my profile page here on Avvo.com.
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I would recommend your contacting an attorney. You did not mention if you were injured in the accident, but if you plan to pursue an injury claim, most attorneys will assist you with your property damage as a courtesy. It is possible they may also be able to slightly increase the value of your vehicle based on a number of factors such as newer tires, recent work performed on your vehicle, etc.
No for two reasons. One you are not entitled to replacement value but actual cash value as a general rule. If you have a car worth $2,200.00, in theory you can buy another of similar quality for $2,200.00. The issue will be whether thats the accurate value of the car or if its low balled. Unless your car can be established as a collectors item or the like you wont be getting "replacement" value. The second reason is basic math. Unless you can guarantee that you will recover substantially more money - the expense of litigation will likely offset or exceed and financial gain in a third party property damage claim. If you were in injured you should be addressing these issues with your injury lawyer.
Responses provided represent entirely un-researched, casual opinions and cannot be relied upon in any way or manner as legal advice. No communication here is intended to establish an attorney-client relationship.
Sadly, the damages you are limited to is the lesser of repair or Fair Market Value. There is no law or way to make the insurance company actually replace your car. If you were injured then you may have a personal injury claim upon which you can also recover if the other party had BI coverage. Most attorneys offer free consults on car accident cases but most will not take on a case over PD only.
This response is to provide general legal information and does not constitute legal advice nor should it be considered or viewed as forming any sort of attorney-client relationship and such information provided is viewable by the general public.
Hire counsel to sort it all out. Let him/her do the leg work and the worrying..
I am not your attorney and don't know anything about your problem. Do not rely on my response other than as information used to hire an actual attorney.
