La Porte, IN asked in Products Liability and Car Accidents for Indiana

Q: Grandson involved in car accident other driver no insurance. His 1969 VW Squareback totaled Can he sue for car damages?

Lady pulled out in front of him.grandson and great grand kids OK.She had no insurance. His insurance Progressive is offering him $4500 for his classic car that's worth way more than that. They gave him $2000 for lost work and injuries and $750 for each child. they are low balling him on car. He just had rebuilt engine for $1900

Seems to me Progressive either should pay more or sue her for not having insurance for 2 years.If they don't sue, can we for car value. Seems to me she is getting off easy for not having insurance!

1 Lawyer Answer
Charles Candiano
Charles Candiano
  • Personal Injury Lawyer
  • Chicago, IL
  • Licensed in Indiana

A: You say that he processed an uninsured motorist claim (called a UM claim) with his own carrier so he's done. He did that INSTEAD of suing the at-fault driver. When you pursue a UM claim, you give YOUR insurance the right to sue in your stead and they will do so. If you do not agree with what is offered for injuries, you should hire a personal injury attorney. As for the car, it is worth whatever the fair market value is at the time of the accident. Classic cars are usually insured for an agreed amount but they are not intended as daily drivers. If you disagree with the amount offered for a car, you can usually request that the insurance company report to you the price paid for similar vehicles that were recently sold in your area. When a car is 51 years old, you are not likely to find many that were sold either recently or locally. That is why classic car insurance usually has an agreed-upon value.

Tim Akpinar agrees with this answer

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.