Q: Driver at fault for hitting my vehicle, caused total loss for me, what can I do beyond insurance?
My car was deemed a total loss and as a result I am paying out of pocket for a rental car, the driver who hit me only had liability coverage and her policy limit would not cover my expenses, therefore, I had to go though my insurance. I was awarded enough to pay off 3/4 of my car loan but now I am stuck with additional payments for a car I will no longer have possession of. She has admitted to causing the accident, have police report, my insurance company has done all it could but I am losing out here because while this woman can still drive her vehicle I cannot, I am expecting soon and am in need of another vehicle asap. I am not even left with anything to put down on another car. Can I sue her for anything? Please advise.
A:
I'm assuming you were not hurt. If you were contact a member of the NJ Assn for Justice--they give free consults.
Generally all you could get would be the rental if your policy didn't cover that & the deductible, but check with your insurance because usually they go after the person for that as part of their "subrogation" claim.
If your policy doesn't provide replacement value insurance, which only a few do, then you can't go after her for the replacement value, just the "book value" or "market value" which is presumably what your insurance valued the car at.
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