Moms Car Wreck
My mother was rear ended on 9/13/07. Her car was totaled and the insurance paid off 10,000 of the note but she is still upside on the note. She has been off work since the accident. The chiropractor she is going to got her in touch with the attorney working with his office. Would she be able to sue for the balance left on the note, lost wages, pain and suffering including medical?
2 Answers from Attorneys
Re: Moms Car Wreck
You need to see if you have GAP insurance (which covers the difference between book value and the loan value of a car.) If so, that will cover you. To answer the question, most likely, when she accepted the settlement on the property damage check, she released that part of the claim. If your mother is unclear on the process, then she needs to have a sit down with the attorney to get her questions answered to her satisfaction.
Re: Moms Car Wreck
Basically, she can only recover the value of the damage to her vehicle, not the amount owed in excess of the value. She can claim the rest of the damages you listed.
If she has not yet selected an attorney, please have her contact me.
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