Don't Let Your Kids Drive!!!!!!

[zachmsdaddy]

Need some advice. Daughter (16) driving vehicle within private property of apartment complex to retrieve mail. Picked up a girlfriend to ride with her. Spotted another male friend (21?) who told my daughter that if he could drive our vehicle, he would let her drive his fancy little red car. She said OK but just to the mailbox. He decided to go out on joyride off the property and pulled out in front of big ford truck. No damage to ford as he has a steel bumper, but our trailblazer was totalled. Insurance settled less than NADA or Kelley Blue Book and less than balance on loan and substantially below our initial investment. Deductible was applied to insurance settlement as well, so I lost $250 there. I am trying to determine what amount I can sue the driver for to recoup some of our loss as (in my opinion) he operated the vehicle in a reckless and negligent manner. Pls provide any insight in this scenario. thx.

 

[PILawGirl]

Its not uncommon for your insurance to pay out less than you owe on a vehicle (Value of Trailblazers has gone down A LOT in the past few months, unfortunately). Insurance companies normally do not go off of KBB to determine what your vehicle is worth. They do a lot of comparables of the same vehicles for sale in your area. Unless you have Gap Insurance on the car that will pay off your loan, you may be out of luck. Insurance companies are not obligated to pay what you owe, only what the Actual Cash Value of the vehicle. I would suggest finding out if the 21 year old guy who caused the accident has his own auto insurance coverage for his vehicle, if so you may be able to make a claim with them for the property damage issue.

 

[Scooterdog]

If you're going to sue, look into small claims court. There is limited amount you can sue for. Make sure you know that amount.

You can go to the Clerk of Court and get your form(s).

You can ask for the remainder of the money as damages, include court cost(cost's you paid to file).

I would try what the poster above stated about trying the 21 year old's insurance company first. If that doesn't work, you may have to sue if you want your money.