QuestionI was in a car accident last October 2010 where I was going straight thru a green light and from the opposite site the oncoming driver turned left right into me causing me to go off road and tap a tree. The police report said I was not at fault and it was the oncoming drivers fault for not yielding the right of way. Since then I contacted my insurance and my lawyer who is helping me thru the the process as I am a young driver. I have neck injuries and back injuries that still persist to this date and I attend physiotherapy weekly. I live in Ontario, Canada where we have a fault based insurance system where your own insurance covers your own costs and you don't cover the other persons costs.
P.S. I was never speeding and I had my lights on. I was obeying all the laws of the road and I don't drive like an idiot. I care for the safety of people around me.
The car I was driving was my car that was given to me from my dad but it was under his name. When we received money for the car it went all to my dad and I had to save and save for body shop work to repair the car all by myself with no help. I was quoted around a $3500 repair, probably more as it was thru pictures only.
Onto my problem:
I feel that I have been robbed of my car and I can never get it back and if I do I will have a large dent in my pocket since I am in college and need that type of money for tuition and books. My lawyer is going to help me sue the person who hit me but it's taking so long. I haven't tried contacting the person personally and see if they would offer to repair my car or not as they hit me. I will be needing a car to drive to 50KM away from me. I'd prefer not to sue them because I'm not that type of guy but I also don't want to pay for a $3500+ repair that I never had too. My insurance company said they would not pay for the repair as it wasn't worth it but it's not like the car has frame damage or was flipped.
Onto my question:
I really loved that car and I put a lot of money into it replacing almost everything mechanical from the distributor to multiple engine parts and such and has been in my family for a LONG time.
1 ) Should I ask the person and see if they are willing to repair my car?
2 ) Sue them for damages to my car and long term damage to my neck and back?
3 ) Anything else I can do?
Forgot to say, I am really emotionally attached to this car. I had nightmares for months of what happened until February of 2011 where they started to fade. I have been through a lot with this car since I was a little kid and I really DO NOT want to lose it.
Answer Hello Josh,
According to your insurance laws, your insurance carrier paid for your loss even though the accident was apparently not your fault. Your insurance company apparently totaled the car and paid the value of the car. Insurance companies total cars when the cost to repair is greater than the value of your car.
You - or I guess your father - has been reimbursed for the damages/loss to your car. I cannot see where the other driver would be at all compelled to pay you for them again. But that is not really the point. You have an attorney. All of your legal questions need to be addressed with him. In my opinion, I think it is extremely unwise to bypass your attorney and contact the at fault driver directly - for anything. I'm not an attorney, but I assume you attorney would probably not want you to do that either.
I completely understand your emotional attachment to the car. If you do receive an award or a settlement for your injuries,you can use that money as you see fit. If you decide to repair your car, make certain it will be cost effective for you. It sounds like the cost to repair greatly exceeds its value. If you believe your attachment to the car is worth that, great.
Stay in contact with your attorney and make sure you ask him for answers that are important to you. He works for you, not the other way around.
Sorry for your loss. I understand...
Jane Pytel
http://SolutionsForYourInsuranceClaim.com
http://FloridaAutoInsuranceCentral.com
