The other driver has threatened to sue me for the money it will cost to repair the car; can they do that?

By Insure.com

Sept. 14, 2007

I was at fault in a car accident in which the other driver's car was totaled. However, the other driver wants the repairs done and does not want to total the car. They have threatened to sue me for the money it will cost to repair the car. Can they do that?

Pete, Virginia

If the other party wants to keep their car and repair it, here is what should happen: Your insurance company should return the car, together with a check. The check should represent the market value of the vehicle minus the amount the insurer would have gotten for that vehicle at a salvage auction.

The other driver could sue you in small claims court for the remaining repair costs. I am a journalist, not a lawyer, so I can't tell you whether you'll ultimately be held responsible for those costs. I suggest you contact an attorney for advice on how to handle such a claim.

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Disclaimer: We are journalists, not financial planners or insurance brokers. Nothing we say should be interpreted as a recommendation to buy or sell any insurance product, or to provide other financial or legal advice.

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