Car 3 weeks old, 350 miles on it, rearended!

[darrenjk]

What is the name of your state? MARYLAND

We were rear ended last night - sitting at a stop light, not moving. We heard tires screeching than got slammed from behind. The driver then took off, but the car behind him followed him and got his plate. The police came and issued him multiple citations.

My question is this - with a pretty new car, can I get his insurance to replace the car totally? The back of the new minivan has damage, but it is not by any means totalled. But even fixing it will not restore it to the "same condition" because it will never be new again.

Also, any other advice on what we should do legally?

Thanks.

 

[JETX]

My question is this - with a pretty new car, can I get his insurance to replace the car totally? The back of the new minivan has damage, but it is not by any means totalled. But even fixing it will not restore it to the "same condition" because it will never be new again.

Simple answer... no.
The insurance company is only obligated to return your vehicle to its condition immediately prior to the accident.