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Car accident that wasn't my fault. Car is "likely" totaled. His car was insured, but he had no license. Is it worth it to sue?

Norwalk, CT |

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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Attorney answers 4


You would get fair market value FMV. If you sustained injuries, retain a personal injury lawyer.


You are not "out" your payments. They were for your use of your vehicle, and as a colleague already stated: you will get the full market value of the vehicle (plus the loan paid off if it is more than the FMV). If you were injured, seek a personal injury attorney asap.

The answer(s) herein do not constitute the establishment of an attorney/client relationship, nor are they intended to constitute the practice of law in any State. The answer(s) are based on extremely limited information provided by the submitter and are for general information purposes only. The original submitter, and those viewing these answer(s) are highly encouraged to seek out and engage legal counsel in their jurisdiction to review the entire matter.


I agree with both of my colleagues. I empathize with your loss, I also had an accident last week and I will get only FMV for my car. I am glad I had insurance. If you were injured, get a PI lawyer or consult with one for free. Best of luck.

This answer is provided by California Accident Attorney Manuel A. Juarez, Esq., 510-206-4492. Abogado de Accidentes de Autos de California: 510-206-4492. Abogado de Lesiones de Accidentes de Autos, provides answers of a general context. These answers are not intended to form an attorney client relationship. Oakland Abogado Accidentes Autos, Abogado de Lesiones Personales, Abogado de Accidentes de carros, Abogado de accidentes de Peatones, practices in Antioch, Berkeley, Concord, Oakland, Hayward, Martinez, Newark, Richmond, San Francisco and San Rafael. El abogado de lesiones y heridos en accidentes de autos, is licensed only in California. This information is good only in California and it is not to be taken as legal advice on car accidents, personal injury, divorce, bankruptcy or in any other type of situation. Esta respuesta es del Abogado de Accidentes de Autos, Abogado de Lesiones Personales, Abogado de Heridos en Accidentes de carros, Manuel A. Juárez, 510-206-4492. Abogado Hispano de Accidentes, Abogado de Divorcios, Abogado Latino de Accidentes, Abogado de Accidentes de Oakland, Hayward, San Francisco, California. Estas respuesta son solo para información general y no consisten en consejo legal sobre divorcios, mantención de esposas, mantención de hijos o bancarrotas. Las respuestas son comentarios legales que no forman una relación de abogado y cliente. Manuel Juarez, Esq., esta licenciado solo en el Estado de California.


Unless you were injured you should move past it.

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