Legal Question in Personal Injury in California
My father-in-law was in an accident in my car. The other party and their insurance company has accepted fault. My insurance company totaled the car and is giving me the value of the car but I still owe twice what they are giving me. Can I sue the man who was at fault for the remainder of the loan?
1 Answer from Attorneys
Not with any serious chance of success. They only owe you the value of the thing they destroyed. They are not responsible for your poor economic decision of buying a car that depreciated so fast it was only worth half what you owe on it. If you got the true full value of the car, you have been fully compensated. Technically you could sue for the value of the car under the collateral source rule, but any recovery would be owed to your insurance company under subrogation.
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