My car was involved in a hit n run 5 mo. ago, the police found him because I got a letter from his insurance company....I am assuming. Why did they take so long, I don't have the car anymore because I couldn't afford to fix it and it then it was towed on top of that for being on the street.
So I lost my car to the city . What is the amount of damage I can collect? Just the damage or the total cost to replace my car?
Do I sue him or the insurance company for the hit n run?
Thanks for any help on this mess!!!
You may have a hard time proving your case as you allowed your evidence to be taken away and disposed of by the city or county. You failed to mitigate your damages and get your vehicle off the roadway.
However, having said that, here is what the insurance company may owe you.
Legally, the insurance company only owes you what is called actual cash value or fair market value, basically what a vehicle similar to yours (same year, make, model, accessories, and mileage) would have sold for on the open market prior to the motor vehicle accident.
The insurance company does not owe you for the balance of any car loan, either, as they are not responsible for your being upside-down on a loan if what you owe is higher than the actual cash value of the vehicle. It doesn't matter if you use your insurance company or the at-fault person's insurance company.
The actual cash value is what you will be offered by either company. You can do your own research into the value of your car by checking Kelly Blue Book's website, NADA's website, or do a search of want ads in your area to confirm what a similar vehicle is selling for right now.
You can also request, however, from the at-fault party’s insurance company a rental vehicle until they make an offer (or they will have to reimburse you for a rental vehicle during that time).
However, as stated above, because you did not mitigate your damages, the insurance company may have some issues here since they may not be able to confirm whether your vehicle was repairable or a total loss. In any event, contact them and tell them your story and see what happens. You can decide to sue the at-fault party, but with the legal system you are still going to have to prove your damages, which is going to be hard to do there as well since, again, you failed to mitigate your damages. A court will be hard-pressed to come up with a figure you are owed since no one is going to be able to testify whether your vehicle was repairable, how much the repairs would have been, or whether the vehicle was a total loss.
Assuming your insurance company has been advised long ago and perhaps even provided an attorney you should be discussing it with your insurance company attorney. ....if possible if you wish to maximize your results you may want to consult with an attorney yourself if you have not one Frim the insurance company
Hard to prove your damages if you don't have an estimate for repair. You have to be honest about what happened to the car. I would submit all of your photos and demand the market value on the date of the collision. I expect that you will get some resistance and will have to negotiate a lesser payment.
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.
It will be difficult to prove damages if no evidence is available for inspection. To strengthen your claim, the least you can do now is to submit as much information as you can regarding the accident, which may include photos, accident report, sworn statement, and notes you may have taken.
Consider consulting with an experienced car accident lawyer to discuss your options and help you get the best possible outcome given the circumstances of your case.
Wish you well and good luck with your case.
The answer above should not be relied upon as legal advice. The information provided above is based on insufficient facts and only speaks to a general opinion based on those insufficient facts. No warranty is provided that the answer is correct. No attorney-client relationship has been formed with me until a signed written contract is complete. For an official opinion, it is advised you seek legal counsel.
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