I don't want an attourney I want FREEADVICE!!!

[AgitatedinAlabama]

Can I sue the other party for the difference between the cash value of the car and payoff in small claims court? I just bought this car and now I have to go through all that again. I have to get a down payment and pay taxes all over. Surely I should be able to receive restitution. This accident was not my fault how can I be expected to walk away a few thousand dollars in the hole?

 

[The Legal Shoppe]

Does your insurance policy provide for reimbursement in the event you recover from the other party? If so, then you can sue the other party but must then reimburse your own insurance company for their payment to you.

On the other hand, if the claim you want to make is only against the other party, then you can claim the lesser of the actual cash value or the cost of repairs( including any diminished value on your vehicle after it has been repaired. We suggest you visit the website for I-Can at www.ican2000.com for more information on diminished value.

Hope this answers your question.

 

[court watcher]

watch out for mee; his statements are filled with errors.

You are entitled to get the value of your vehicle, including sales tax. If you just bought the car, that will help to show its fair market value. The problem lies in the cost of financing - that is a cost that you have to bear on your own.

Since all states have different laws, check to see the limits of your states jurisdiction. Finally, your own insurance carrier will not sue on your behalf. They may sue to collect what they paid, but they do it for themselves, not for you.

good luck.

 

[ghaggin]

Was your car totaled? If not Suggest you take advice of previous reply on diminished value. My car was hit and it caused $15,000 in damage, after two trips to the auto body and 4 months later I got an appaiser to show the car lost $19,500 in value. The other parties insurance companys appraiser put the lost value at $15,000, I have settled for $16,500. This is just for the fact that when I sell the car or trade it in that is the lost value simply because it has been in accident (the inherent diminished value) most insurance companies will tell you at first they don not give diminished value, don't believe it that is what they told me at first. They have a responsiblity to restore your car to its prelost condition. You will find out how hard it is to sell a car that has been in an accident to a private party and how much is deducted when you try to trade it in.

 

[HomeGuru]

Can I sue the other party for the difference between the cash value of the car and payoff in small claims court? I just bought this car and now I have to go through all that again. I have to get a down payment and pay taxes all over. Surely I should be able to receive restitution. This accident was not my fault how can I be expected to walk away a few thousand dollars in the hole?

My response: it is the attorney in Alabama that will give you free advice.