Auto Mechanic Totaled Car with Suspended Driver's License

[phi11yguy19]

In PA, took car in for oil change, mechanic noted other repairs that should be addressed, and they worked on the car over a weekend. On day they were to return the car, the mechanic was test driving and was at fault in an accident. Car is likely totaled. Police report says he was cited for operating suspended driver's license.

Assuming their insurance offers a low ball (KBB) value for the car, I'll likely be out thousands or more trying to replace my car for something the shop was at fault for. Knowing they were also negligent in putting a driver behind the wheel with a suspended license, is it worth pursuing legal channels against the shop to make this situation whole?

 

[ecmst12]

They are only responsible for the fair market value of your vehicle, not the replacement cost.

 

[Zigner]

I've been involved in two instances why a car was totaled (not involving me, personally). In both cases, the insurance came out a fair amount over what "KBB" showed.

 

[phi11yguy19]

thanks

will hopefully find out soon what their payout offer will be. i'm still just curious if there's a civil component here with the negligence of putting an unlicensed driver in my vehicle.

if licensed driver, bad luck accident pays out X, i'd think that unlicensed, negligent accident should pay out X + something more. but that's why i'm here asking the question. seems like those two scenarios should not be treated equally.

 

[ecmst12]

Your damage is the same regardless - the fair market value of your vehicle.

 

[ShyCat]

if licensed driver, bad luck accident pays out X, i'd think that unlicensed, negligent accident should pay out X + something more. but that's why i'm here asking the question. seems like those two scenarios should not be treated equally.

No, in both scenarios you simply recover your damages to be made whole. You don't get to profit by it. Any penalties owed for being unlicensed are owed to the state/county/whatever, not to you.

 

[adjusterjack]

if licensed driver, bad luck accident pays out X, i'd think that unlicensed, negligent accident should pay out X + something more. but that's why i'm here asking the question. seems like those two scenarios should not be treated equally.

Well, they are treated equally.

You only get the ACV of your car.

The driver might be punished in other ways (fines, insurance rates, job loss) but you won't see a nickel of any of that.

 

[Zigner]

will hopefully find out soon what their payout offer will be. i'm still just curious if there's a civil component here with the negligence of putting an unlicensed driver in my vehicle.

if licensed driver, bad luck accident pays out X, i'd think that unlicensed, negligent accident should pay out X + something more. but that's why i'm here asking the question. seems like those two scenarios should not be treated equally.

To be clear...the fact that the driver is unlicensed (or has a suspended license) has no bearing on liability for the accident.