Evans, GA asked in Car Accidents and Personal Injury for Georgia

Q: No fault accident, if I only receive enough to pay off car, can I sue to get additional to purchase another vehicle?

2 Lawyer Answers

A: Following an accident in which a vehicle is totaled, the owner of the totaled vehicle is entitled to the fair market value (FMV) of the vehicle at the time of the crash. In other words, if your vehicle had a FMV of $5,000 at the time of the crash, $5,000 is all you can recover no matter the amount of the loan or what it would cost you to purchase another vehicle. That result can often be harsh but that is the current state of Georgia law.

Tim Akpinar agrees with this answer

A: I agree with my colleague. If it's a major carrier, their sources are usually reliable, and they'll probably have you sign a release. No guarantees, but you could research on your own with some of the auto industry references - car values have fluctuated considerably since the pandemic, sometimes even in short timespans. Your post does not indicate any details about liability. If there are issues to raise there, it could be worth looking into. Good luck

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