My car was damaged in the accident that happened yesterday. I filed the insurance claim today, but since the car was a 2005 Nissan with more than 100,000 miles on it, I know I won’t get much in the end. The problem is that I don’t have enough money to buy a car because I spent yesterday in the hospital and am currently on painkillers. That was also my sole car. My concern is, can I turn down the insurance company’s offer and sue the woman for more money if it is not enough to buy a new car?
Suing the Other Party: Suing the other party for your injuries when you were at fault in the accident is generally not a feasible legal approach. The legal system often makes the at-fault person liable for the damages and injuries they caused, not the other way around.
You owe enough money to buy a car that is comparable to yours in terms of model, mileage, age, and condition. If their offer falls short of that, you can turn them down and ask them to find you a replacement, if they believe the small sum would suffice. Alternatively, you can invoke the provision by hiring a third-party evaluator to determine if the car’s value exceeds the offer.
1 Like
You are just owed the car’s current market value, but you can still do that. Filing a lawsuit against her won’t make them give you money right away or more than that. Although you have a claim for personal injury that could increase the settlement amount overall, there isn’t much leeway when it comes to property damage alone.
1 Like
You should consult a personal injury lawyer. They can assess your case, advise on next steps, and potentially help recover more money.