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
Josh,
My father always told me to not to get attached to a vehicle...I didn't listen so I know how you feel.
I'm curious as to why your father didn't provide the proceeds from the insurance to you for repairs but I guess that's something you likely understand.
As for your claim, I would imagine the insurance company who paid for the repairs has subrogated against the at-fault party to recover their pay-out so the likelihood of the at-fault party's paying a second time is unlikely.
For the same reason, it's equally unlikely the at-fault driver will owe for your repairs either since their insurer already paid for them on their behalf. You may have a claim for “loss of use” for the value of renting a comparable vehicle during a reasonable time for repair, but again, this may be paid to your father as the insured even though you suffered the loss.
You're only likely recourse for monies, if warranted, is through your bodily injury claim against the at-fault party. Possibly “mental Anguish if you suffer long-term issues.
I hope this has been of some assistance in better understanding the issues. If you have additional information to share let me know and I’ll try and help.
Thanks for your question and good luck in all you do!
