Expert: Ron Cercone - 3/9/2009

Question
my boyfriend borrowed my car to go to work one day and someone hit him, totaled my car. Since I wasn't in the car when it happen what are my rights to go after the other parties insurance for reimbursement, and to pay the balance of my car? Am I entitled to ask for special damages payment? What kind of lawyer should I get and what are the steps in the whole process

Answer
Hello Sara,

If there are no injuries and it's just your car damage, don't get a lawyer. But your boyfriend could get a lawyer if he was injured.

I assume you are not making a claim against your own insurance, but going after the other guys insurance.

You don't have to have been in the car. You as the owner are entitled to reimbursement. You would be owned for the value of your car, not the loan balance. As to damages, you get the value of the car plus other little things like loss of use, rental car, etc. Not sure what you mean by "special damages" other than the value of the car. I suggest you check out the eBook products in the automobile section for sale at UClaim.com regarding Total Loss Auto either as an insured or as a claimant, if you get underpaid. And if they use a computer appraisal service like CCC or ADP, you will get underpaid.