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Car total loss, can I sue the driver?

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jebatzel

Junior Member
What is the name of your state (only U.S. law)? PA

My 1993 Toyota Camry was totaled in an accident in December.

My wife was going to drive the car, but this person took the keys from her and ended up crashing the car into 3 parked cars.

$3,750 damage to the car.

Car's value was said to be $2,200

The bank had a lean on the car, so they get a check from my insurance for the difference.

I don't have to pay anything, but I lost my car which was only in my name.

Does the insurance company sue him (Met Life) or can I do that? (Civil Lawsuit )?

I already signed the title over if that matters too.

The driver got his 3rd DUI and is out on bail currently.

Thanks.
 


ecmst12

Senior Member
The only thing the driver would owe you is your deductible. That you owed more then the car was worth is neither his fault nor his concern. You are owed ONLY the value of the vehicle and not a penny more.

Hope you had more then state minimum liability coverage to cover those 3 parked cars, too.
 

jebatzel

Junior Member
My deductible is $500 which they said I would have had to only pay if it wasn't totaled.

So I can file for a civil suit for $500, or no since it was just taken off what they paid my bank?
 

ecmst12

Senior Member
You now owe that $500 to the bank, so you can sue the driver for it if he won't pay voluntarily.
 

jebatzel

Junior Member
How do I get started on filing a civil suit then?

get paper work at local courthouse?

and can I garish his wages to pay this? someone said I could, but I wasn't sure.
 

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