QuestionQUESTION: Hey. I live in canada and my insurance company is run by the goverment a buddy of mine crashed my car and if i claim it the will total the vechile just cause it,s a older car "1988 firebird" is there any way i could sue him for damages?
ANSWER: Hi Tyler,
First you have to determine what are your damages. Your friend is obligated to pay you (through his insurance company) for the cost of the repairs or the value of the car if totaled. In this case, if the insurance company totals the car and pays you the fair market value of the car, they have paid you all of the damages that you are entitled to. If the car was worth $3000.00 and they pay you $3000.00 what additional damages would you be able to sue for?
In this case there would be no damages for you to sue for because the insurance company will pay all damages that you friend is obligated to pay.
I hope this helps
Richard Hixenbaugh
---------- FOLLOW-UP ----------
QUESTION: the insurance company is all universal so his accident comes through my own insurane but the repair is 3000 but thy only cover 2000 can i sue him for the diffrence?
AnswerHi Tyler,
No. If they are offering you $2,000.00 it is because your car is only worth $2,000.00. They are only obligated to pay no more than the value of the car. That is all you are entitled to. You can not force them to pay more than the value of the car.
I hope this helps
Richard Hixenbaugh
