This guy smashed into the rear passenger side of my vehicle sending me into a 180 degree spin while failing to obey a stoplight and driving without a license. Police report was filed, he was declared at-fault, and his car was insured under a woman who lives at another address. No one was injured, but my car is "likely" totaled and I have a loan on it. His insurance company is accepting full liability for the accident and will pay me out for the vehicle if it is totaled. I do have GAP insurance in case I need it, but I'm losing my $2,000 down payment and 8 months of car payments totaling almost $1,600 plus the stress and inconvenience of this whole situation.
Do I have a case to pursue legal action? Can I ask the ins. to cover the lost down payment? Or do I just need to move past this?
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