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auto accident

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J

j.t

Guest
Last year my wife was hit by a driver who ran a red light, our car was totaled. The problem is we owed more on the car than the other drivers ins paid on our car. We live in the state of Washington. I need to know if we can file a civil suit againt the other driver for the amount we still owe on a car that was totaled. Thaanks J.T.
 


I AM ALWAYS LIABLE

Senior Member
<BLOCKQUOTE><font size="1" face=" Arial, Verdana, Helvetica">quote:</font><HR>Originally posted by j.t:
Last year my wife was hit by a driver who ran a red light, our car was totaled. The problem is we owed more on the car than the other drivers ins paid on our car. We live in the state of Washington. I need to know if we can file a civil suit againt the other driver for the amount we still owe on a car that was totaled. Thaanks J.T.<HR></BLOCKQUOTE>

My response:

Unfortunately, no. The law only allows recovery for the "fair market value" of property - - not what is left owing. In other words, the law makes no allowance for your "bad car deal" or for the way a car devalues. For example, you buy a brand new American car for $20,000.00. The moment, the very moment, you drive the car off of the Dealership lot, that car becomes devalued by an average of $3,000 to $4,000.

"Fair market value" is determined by certain "industry" standards and averages - - that is, a plethora of information is gathered about particular vehicles, and a "market value" is given to those vehicles - - one of which is the price that a "bonifide purchaser" would pay for the same condition vehicle as yours.

It's a real problem, I understand. You're thinking to yourself, "now what. I had a vehicle before the accident, and now all I have is this insufficient check they gave me."

Sorry.

IAAL



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