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Is this a valid claim?

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A

andrea711ct

Member
What is the name of your state? CT

I recently had a car accident where my vehicle was totaled. I just purchased this vehicle about 3 weeks ago and the accident happened 2 weeks ago. The other party's insurance company paid 100% liability for it. Since they only cover book value of the car, and my loan was for more than that, gap insurance will cover the rest. My question is, can I bring the other party to small claims court to get the down payment that I am losing out on? Is there anything else that I can also bring up in court? I usually would not bother but these young adults were driving very recklessly (at least 61MPH on a 25) and it doesn't seem fair that I should lose out on money from my own pocket.

Any advice would be appreciated.
 


L

Litigation!

Senior Member
andrea711ct said:
What is the name of your state? CT

I recently had a car accident where my vehicle was totaled. I just purchased this vehicle about 3 weeks ago and the accident happened 2 weeks ago. The other party's insurance company paid 100% liability for it. Since they only cover book value of the car, and my loan was for more than that, gap insurance will cover the rest. My question is, can I bring the other party to small claims court to get the down payment that I am losing out on? Is there anything else that I can also bring up in court? I usually would not bother but these young adults were driving very recklessly (at least 61MPH on a 25) and it doesn't seem fair that I should lose out on money from my own pocket.

Any advice would be appreciated.
Click to expand...


My response:

You have my permission to sue the driver and vehicle owner.


IAAL
 
A

andrea711ct

Member
Thank you. Since small claims court is new for me, I hope that you can answer a few questions. Do I need a lawyer to represent my case? What should I bring to court? How long does this process take, a few sessions in court? If I do win, how long does it take before I receive any money?

A few of my co-workers are telling me to get a lawyer and sue them for my downpayment and emotional distress about not having a car, etc.,etc.

Thank you in advance.
 
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