You may find it helpful to review the Legal Guide I have published on Avvo.com which deals with property damage, particularly damage to a vehicle. My Legal Guides can be accessed through my profile page on Avvo.com. The only caveat I have here is that this occurred in Canada and is subject to Canada law and interpretation. Have you contacted the other driver's liability carrier? What are they offering you? Is it better than your own carrier?
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Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
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Yes. Assuming the person who hit you had auto insurance you would file a claim with them. If they didn't you could file suit against the driver personally. Venue may be an issue because the incident happened in Canada. And if the driver is also a Canadian citizen it may further complicate the issue but still doable. Contact a local personal injury attorney to advise you of your rights.
Yes, but you run into a number of problems. 1) You're almost certainly going to have to Navigate the Canadian legal system. 2) Your insurance company paidyou fair market value for your car and you are going to need to show that you are entitled under Canadian law to more than the "fair market value" established by your insurance company and the database they used and 3) people without insurance usually, but no always, have nominal assets. If you were my friend, son, or client, I'd probably advise you to be thankful your not hurt and move on.
If you'd like to discuss, please feel free to call. Jeff Gold Gold, Benes, LLP 1854 Bellmore Ave Bellmore, NY 11710 Telephone -516.512.6333 Email - Jgold@goldbenes.com
You need an aggressive Canadian attorney. I am located in WA state and would be happy to consult with you and possibly make some suggestions. Contact me.
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