Can i sue this guy and/or his insurance company for out of pocket expenses for...

[prunkychicken]

...wrecking my car?? HI there. I was in a bad car accident a couple of days ago where a male driver failed to give way at a give way intersection. He claimed it was our fault but the police issued him with a failing to give way notice and the responsibility of the accident. My car may be written of as a total loss and i was wondering my car was a 2006 Hyundai Getz bought in January 07. I paid all up $15,000 but i would be lucky to crack $10,000 if it's written off (very lucky) Can i sue either him or his insurance company for the difference?? The car is under finance. I am not sure what to do if it's irreparable?
Why should i be out of pocket for something that wasn't my fault? I feel if a car is a total loss and you are not at fault the other insurance company should replace the car as it was b4 the accident. Or give the amount you paid for it all up esp if it's still under finance! Any advice would greatly help to ease my mind.
Thank you.
Yes we did exchange info at the scene and the police took pictures and all that. No one was badly hurt. I only ask all this prematurely because my car is my work and if i have no car i don't work which equals no money to live. I have a car from the repairer but if mine is written off i need to take it back ASAP (their policy) I know i may get a car through my insurance or his but usually it's only for a limited amount of time (they will only pay for so much) and if i have to get another car, that could exceed what they will allow me and due to my finances i will have to hunt around.

 

[boxhead522000]

I had a similar problem years ago,the insurance would not pay full amount.When i argued about it i was told i was one third in the wrong,i said but the guy went through a stop sign, there answer was i should not have been there, going to court for the balance was not worth the expense,on top of all the other costs it was the time off work. good luck

 

[helen keller]

A lot depends on who is insuring each of you. Some insurance companies are better than others, regardless of who is at fault. Also, you may both be insured by the same company, which usually makes things easier.

Yes, it is the responsibility of the company of the party who was at fault to pick up the bill. Do not be freaking out about yet. Wait & see what happens. Why are you already talking about suing? That's premature, to say the least.

If your car is un-driveable, you should get a loaner from his company. You also have to report this to your insurance company, if they are good, they will help work on your behalf.

Just so you know, at some point, the fact that you have been in an accident will be factored into your insurance rate, whether you were at fault or not. That's just the way it works.

I hope it gets resolved quickly & smoothly.

Good luck!

 

[gramma_arlene]

First of all...yes, you can sue anybody for anything, but if you lose, you end up paying the court costs and, if necessary, attorney fees. In your case, if the other driver was cited and at fault, you should get in touch with your insurance company, and they will contact the other driver's insurance company. They should pay for your repairs and any medical bills. You did exchange information at the scene, didn't you?

 

[Mike M]

If you owed more on your car than it was worth then you've got whats called an upside down loan.Unfortunately your only going to get what the insurance company values the car at.The rest is up to you to pay.