My parked car was hit in the rear by a 15 year old driver who was not carrying a permit. Her grandfather was in the car trying to teach her to drive. After getting his information i called his insurance company to file a claim. a few days later i recieved a letter from them telling me that because his granddaughter was driving, not the grandfather, they were not liable to pay for anything. My insurance only covers liability because it's a 1994 Nissan Altima. Upon recieving the letter I took my car to several collision specialist who each told me that my car was totaled. My car in good condition ( it only had 58,000 miles and no accident history) is worth $2,375 from Kelly Blue Book. The Lowest estimate I have is for $2,290. Upon discussion with my parents and the the suggestion of the specialist they believe that it's best not to fix my car and instead just purchase a new one since the cost to fix it basically equals the value. I know had an insurance agency officially declared it total they would have taken my car, written me a check, and sold it to a scrap yard. But because niether his insurance or mine can do anything can I sue him for the value of the car. If I sue him for the lowest amount to fix it do I have to fix it or can I use that money to put down towards a new vehicle since my parents have offered to assist in buying another used vehicle. I don't want anything more than my lowest estimate which is only about $100 less than its worth.
1 Answer from Attorneys
i believe you could pursue an action against the grandfather and possibly others you should speak with an attorney