Quote:
Originally Posted by tomegun
36 month lease:
9 days driving a perfect BMW
2-4 months driving a Ford Taurus while paying for a 5-series
The rest driving a car with extensive repairs
I will probably sue the other driver. At a minimum, he will think about it when he looks at his credit report.
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Quote:
Originally Posted by tomegun
I am not trying to benefit from this at all; I don't want anything other than out of pocket expenses (rental after my insurance stops paying) and possible $$$ for the day my wife had to take off.
Anything I would get in diminished value would hopefully be enough to get out of the car immediately and into another BMW.
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I feel for you 1000%, but I have to ask, why sue the other driver? He had legal coverage and stopped when the accident happened. Accidents happen, that's why they are accidents. Between his insurance company and your insurance company, everything should be settled, that's why you both have insurance. Not the other driver's fault that you leased and the worst case scenario happened and you are now stuck with the car.
Don't be sue happy like everyone else in this country for an honest mistake. What would you even sue for? The fact that you are driving a Taurus and crashed a 9 day old car? That's just life, it happens. Don't go running around suing people for what seems like petty expenses (cost of a rental car and a day's work which seems like about all you could sue for if you are claiming to not be trying to benefit from this) in the grand scheme of things. You'll spend more in fees and lost time than you will gain.
If you're not happy, go after his insurance company. And in fact, your insurance company should step up to bat and go after them if they are worth their salt. Shouldn't be any need to sue the other driver IMO for an honest traffic accident. I think maliciously trying to go after someone over an accident is wrong and pretty low-class. If you didn't have underinsured motorist coverage while driving a nearly $70k car, then that is YOUR fault. Why should a guy driving a car that is only worth $10k have to make sure he's carrying $300k in insurance in case he has an accident with a Bentley?
Sounds to me like you just want to sue him and take it out on him personally because neither his nor your insurance company will cut you a $60,000 check.