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Car Insurance Question  If my vehicle was totaled in a car accident that was not at all my fault, and the insurance pays me the fair market value, can I sue the driver for any difference in what the a new car will cost me or the cost that I spent on an extended warranty?

Typically when you settle with an insurance company for the actual cash value (ACV) of your vehicle there is a release that you will sign. This document normally will release the insurer as well as the policyholder from future responsibility or liability in regards to the damages they previously caused. If you sign this release then you usually are not permitted to then sue the at-fault party since you accepted the settlement their insurance company offered.

Insurance and states laws do differ though so to find out if your state would allow you to take the at-fault party to court for monies beyond what their insurance company paid for the damages you sustained in the accident, contact a lawyer familiar with this type of case law.

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Question Details
This car insurance question was asked on 11/26/2006
This auto insurance answer was last updated on 11/29/2006
Dylan requested this car insurance solution.
Rated 10 out of 10 based on 1 vote.
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