Ok, so I was in a car accident on Thursday. She ran a red light and hit me, completely destroyed my car. No extreme damage to me, some shoulder issues that will need PT and it looks like my eye socket is going to have to be x-rayed again, but aside from that lots of bumps and bruises.
Anyway, our insurance has been handling the legalities up until today. We didn't think she had insurance but they contacted us today because they found her policy and the insurance mentioned settling. The hospital and doctor bills are already getting high just in the estimates, so I'm thankful for that.
But the problem is the car. We purchased a vehicle that was made in the same year, has a near identical KBB value, and has nearly the same amount of miles that our vehicle had at the point where we were before the car was totaled. When we purchased our car, we had less credit open and were able to get a great interest rate on the loan. On this car, we now have a second loan and a mortgage, so the interest rate was higher, that and the sale price of the car ended up putting us in a loan nearly 10K more than our original loan.
A lawyer friend of mine brought up the possibility of suing for the remaining loan cost considering the new car loan would have been completely unnecessary had she not hit our car (recent service records from last month show our car was still in pristine condition, as we have it checked and serviced regularly). She's not a traffic attorney, she deals in criminal cases, but she said she remember overhearing something similar happening in a friends case.
Obviously we have yet to retain an attorney, everyone I've had the chance to speak too wanted me to get the police report and go to my follow up appointments before retaining them to make sure that it was necessary. I'm just curious if anyone has heard of or been through something similar.