Spartanburg, SC asked in Car Accidents for South Carolina

Q: Could I use the estimate that includes all of the damage done to my vehicle by the at fault party?

I was in an accident on Thursday, August 8, at approximately 3:12PM. The insurance company listed on the FR-10 form is an insurance company that the owner hasn't had insurance with since 2018. The owner listed on the FR-10 form is not the real owner of the vehicle. I know that to be true due to the Department of Motor Vehicles. On 8/13/19 I sent the other driver a note stating that I would be suing her in the amount of the estimate ($1200) for the damage on my vehicle. I was looking over the estimate I sent to her address and noticed that the estimate didn't include all of the damage done to my vehicle. I went and got another estimate in the amount of $3200 and it includes all of the damage done to my vehicle. Could I sue the at fault party for the $3200 estimate that includes all of the damage done to my vehicle?

Related Topics:
1 Lawyer Answer
Peter N. Munsing
Peter N. Munsing
Answered
  • Personal Injury Lawyer
  • Wyomissing, PA

A: From what you've said, I don't see why not. However if the case is as you have stated, have you told the police so that they may investigate? If the person in fact has no insurance, in many states their license can be suspended if they refuse to pay.

As to the second estimate, you may use it but there will be a question as to why that person didn't include the other matter. Without discussing your second estimate, why not ask whoever did the first to amend it?

Finally, if you have collision, let your company go after the person. Quicker, they'll include your deductible in what they ask the person to pay. If you were hurt you would want to contact an injury attorney like Carl Jacobsen in Charleston to see what your options are.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.