Responsible V. Liable

[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

 

[kevinaz06]

The driver might have been operating the vehicle under "permissive use" from your daughter. Check you local laws regarding the scope of permissive use.
Your insurance company should have settled the total loss according to the language in your policy and state laws. Generally the will either get market value, which is determined by what dealers would sell the same car for, with the same miles, condition etc, or they will use NADA. Then they will deduct your deductable, per policy, you are filing a claim which states your deductable applies, salvage value if you keep the car, local tax's and fees should be added, and they will deduct for prior damage. Wear and tear does not constitute prior damage.
I am not sure if you will be able to sue the guy, I would think that it would depend on the scope of permissive use. If you could sue, you should be able to collect damages in the amount of the total loss settlement, loss of use, and your deductable.
I cannot stress enough, I see this all the time, if you have financed a large amount of the purchase price of the vehicle, GAP insurance is a must. Cars depreciate so fast and your loan balance is doesnt go down as fast as the value, it is well worth the money. There is always a risk that an uninsured motorist that could total your car, and your sitting there with a balance to pay and no car.