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 Posted: Mon Aug 01, 2011 11:44 pm Post subject: Uninsured driver totaled my car- seeking compensation |
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Apparently in the state of NC you are required, when getting your license, to have insurance. Well, when I allowed a driver borrow my car last month, I was under the impression that she had insurance.
She totaled my car, by falling asleep at the wheel with two other people in the car with her. I was not in the car.
I was 4 months from pay off. I was covered for my car, but after pay off, only received $4000, only enough for a down payment on a car. and therefor, had to go into another loan, and an additional $3700 out of pocket just to afford the car payments. She has put me in a very tight bind and I am the only one getting punished for something I didnt do. Is it possible to take her to court, at least for the out of pocket money it has cost me (the$3700)? Even if she pays me that, i will still have a loan to pay, as well as higher insurance.
I personally think it would be the right thing to pay me something, however the courts dont always do what is considered morally right.
Should I take her to court?
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Irritated
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| Posted: Mon Aug 01, 2011 11:50 pm Post subject: |
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Yes, you can absolutely sue her for the damages caused over and above what your insurance paid. I find it outrageous that she didn't volunteer to compensate you for your out of pocket costs.
I see no problem in going after her personally, unless you're worried that this is going to screw up your friendship... which a lawsuit definitely will.
InsTeacher  |
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InsTeacher
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| Posted: Tue Aug 02, 2011 2:22 am Post subject: |
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While I'm not saying you should not ask your friend for payment I find it a little odd that you don't appear to accept any of the blame for the loss of your vehicle. You _let_ a friend use your car. When you do that, you also accept the fact that you might never see the car again. My recommendation is not to loan out your vehicle next time.
Your carrier should have paid you for your loss, less your deductible. So the only thing you are really out is your deductible amount. If you had a vehicle worth around $4000 before, got paid $4000 and put that together with $3700 then you just bought a car worth $7700 instead of another $4000 vehicle. So now you should have something much better.
If you ask your "friend" for anything it should only be for your deductible amount as your friend only owes you for the value of your vehicle... which was already paid by your carrier (less your deducible amount).
Personally, I'd ask your friend to pay you your deductible amount and see how much he/she will pay you. |
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tcope
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